Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars.

This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation. They explore the problems which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice, and they highlight the importance of interpretive issues to the proper functioning of our legal system.

The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law and corporate law. It addresses the utility and functionality of the general theories from different legal perspectives and illustrates the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law.

Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including:

• the strong influence of constitutional interpretation;
• tension between common law rights and statutory innovation;
• questions about the interaction of domestic law with international law;
• tension between settled judicial principles of interpretation and principles embedded in legislation;
• issues concerning the interpretation of delegated legislation; and
• questions about gap filling and discretion in the interpretation of statutes and codes.

Table of Contents

Foreword - Michael Coper
Acknowledgments
List of Contributors
Table of Cases
Table of Statutes

Introduction - Susan Corcoran

PART ONE: FUNDAMENTAL THEMES
CHAPTER 1: Theories of Statutory Interpretation - Suzanne Corcoran
CHAPTER 2: The Architecture of Interpretation: Dynamic Practice and Constitutional Principles - Suzanne Corcoran
CHAPTER 3: Statutes and the Common Law: The Continuing Story - Paul Finn
CHAPTER 4: The Interpretation of the Constitution - Leslie Zines
CHAPTER 5: Ethical Interpretation and Democratic Positivism - Tom Campbell

PART TWO: SPECIFIC AREAS OF LAW
CHAPTER 6: Human Rights and Statutory Interpretation - Hilary Charlesworth
CHAPTER 7: Conceiving of Tradition: Dynamics of Judicial Interpretation and Explanation in Native Title Law - Anthony Connolly
CHAPTER 8: A Framework for Understanding the Interpretation of Corporate Law in Australia - Stephen Bottomley
CHAPTER 9: Employment Law — A Test of Coherence Between Statute and Common Law - Phillipa Weeks
CHAPTER 10: Codifying the Criminal Law: Issues of Interpretation - Miriam Gani
CHAPTER 11: Interpreting Law Enforcement Immunities: The Relationship Between Judicial, Legislative and Administrative Models - Simon Bronitt
CHAPTER 12: Interpretive Approaches of the Tribunals and Courts in Discrimination Law - Peter Bailey, Rachel Callinan and Anna Dziedzic
CHAPTER 13: Interpreting Family Law: A Case for Legislative Principles and Presumptions Regulating the Making of Parenting Orders - Juliet Behrens
CHAPTER 14: Health Legislation: Interpretation Coherent with Conscience and International Human Rights - Thomas Faunce

Index