CONSTRUING STATUTES: THE INTERACTION BETWEEN A STATUTE'S LINGUISTIC CONTENT AND PRINCIPLES OF STATUTORY INTERPRETATION

Grant number: DP140102670 | Funding period: 2014 - 2017

Completed

Abstract

This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have ..

View full description

Researchers