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Statutory Interpretation - LAWS3281
 Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Pre-requisite: LAWS1160 Administrative Law; LAWS1052 Foundation of Law; Co-requisite: LAWS2311 Litigation 1 or Pre-requisite: JURD7160 Administrative Law; JURD7152 Foundation of Law; Co-requisite: JURD7211 Litigation 1
 
 
Excluded: JURD7581
 
 
CSS Contribution Charge:Band 1 (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

The course looks at how statutes have been read and are being read by Australian courts. There are three components: first, the process and formalities of enacting statutes; second, the principles invoked by courts to govern their interpretation; and third, the schools of interpretation currently in play. The focus of the course is on how courts have approached actual statutes and real interpretation problems, and on what these approaches suggest about the relationship between the judiciary and the legislature.

Recommended Prior Knowledge

None

Course Objectives

Detailed familiarity with the formal features of statutes, and of the process of legislative enactment
Working knowledge of the principles governing the interpretation of statutes, especially as enunciated by the High Court of Australia
Ability to deploy arguments in favour of certain constructions, and an appreciation of which arguments are more likely to succeed than others
General understanding of the theoretical underpinnings of statute law, including knowledge of the different theoretical approaches in play
Development by students of their own, coherent views about the respective roles of courts and Parliament

Main Topics

  • The legislative process
  • Purpose, context and extrinsic materials in reading statutes
  • Interpretation Acts and linguistic presumptions
  • Substantive presumptions, including presumptions in protection of civil liberties
  • Temporal and geographic limitations on statutes
  • Inconsistencies, repeals, amendments and consolidations
  • Statutes with a long judicial history, and the relationship between statutes and the common law
  • Theories of interpretation

Assessment

In-class exam 10%
Optional essay 30%
Take-home exam 40% or 70%
Class participation 20%

Course Texts

Prescribed
Two volumes of UNSW Course Materials. No set text.

Recommended

  • Pearce & Geddes, Statutory Interpretation in Australia, 6th ed (2006)
  • Eskridge, Frickey & Garrett, Legislation: Statutes and the Creation of Public Policy, 3rd ed (2001)
  • Eskridge, Frickey & Garrett, Legislation & Statutory Interpretation, 2nd ed (2006)
  • Bennion, Statutory Interpretation, 4th ed (2002)
  • Bennion, Understanding Common Law Legislation (2001)

Resources

Students will need access to:

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.