Advanced Statutory Interpretation

Course aim

This course builds upon the knowledge, research and analytical skills developed in the courses Public Law and Statutory Interpretation, Constitutional Law, and Administrative Law. The course will be taught at an advanced level, with a particular focus on reflective and critical analysis of the jurisprudence of the Australian High Court and the British and American Supreme Courts.

Course content

Areas to be examined include the following:

Overview of text in context and legislative intention
When are legislative instructions mandatory, and when not?
Reading amendments into original statutes
Time periods varied by amendment
The Principle of Legality in a country without a Bill of Rights
How far can legislative intent be taken to vary text?
Using Hansard and other extrinsic materials to understand intent
Handling the interpretation mechanism in modern Bills of Rights: compare the UK and Victorian experiences
Special rules for the Crown and statutes
Reading words into legislation: what are the limits?
States of mind in legislation: belief, suspicion and knowledge
The role of delegated legislation: possibilities for challenging as ultra vires

Textbook(s)

Pearce D & Geddes R 2011, Statutory Interpretation in Australia , 7th ed, LexisNexis Butterworths , Chatswood, N.S.W.

Prerequisite(s)

Corequisite(s)

Nil

Teaching method

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Major Essay (incorporating previous 1000 word essay), Oral Presentation of Essay, Short Essay

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.