Handbook

This course examines how statutes are read by Australian courts. The course comprises of equal parts theory and practice. It aims to:

• equip students with the essential ability to navigate statutes and make arguments about how they should be interpreted; and
• impart students with a detailed understanding of the constitutional and philosophical problems which complicate this practical task.

Students will examine key statutory interpretation cases and the principles and process of statutory interpretation in depth, as well as complete workshop-style classes in which they are required to construe legislation. The course will also cover contemporary debates concerning the nature of legislation and statutory interpretation such as:

• the concept of parliamentary intention, how it can be ascertained, and the role it should play in guiding statutory interpretation;
• the foundation and operation of interpretive principles such as the principle of legality;
• the relationship between statute, the common law, and the Constitution;
• the extent to which statutory meaning may change to accommodate social, technological or other developments; and
• the increasing volume and complexity of legislation.