Statutory Interpretation in Australia

Legislation is now the primary source of law in Australia. Nearly all legal transactions require attention to be given to Acts and other legislative instruments. An understanding of how legislation is to be interpreted is, thus, an essential part of every lawyer’s skill set.

For 50 years, courts, tribunals and legal practitioners have relied upon this text as their guide to the intricacies of statutory interpretation. In his Foreword to this 10th edition of Statutory Interpretation in Australia, Chief Justice Stephen Gageler AC of the High Court of Australia, has said:

“For the whole of my professional life, judges and practitioners have turned to Statutory Interpretation in Australia as a standard work of reference. A copy of the ninth edition sits on my shelf. So will a copy of this historic edition…

The separation of powers within our system of parliamentary democracy produces an inexorable relationship between the legislative and judicial branches of government. The legislative branch makes the law. The judicial branch declares and enforces the law as so made. The legislative branch speaks with constitutional authority. The judicial branch interprets with constitutional authority. The interpretation is through the application of consistent principles which can be taken to be known to the speaker. Through its clear and systematic identification and statement of those principles for half a century, Statutory Interpretation in Australia has contributed to the stability of that relationship.”

Related Titles

• Pearce, Interpretation Acts in Australia, 2nd ed
• Pearce & Argument, Delegated Legislation in Australia, 6th ed

About the Author

Dennis C Pearce, AO, FAAL, is Emeritus Professor at the Australian National University College of Law and is Australia’s leading authority on statutory interpretation. His other books include Delegated Legislation in Australia (with Stephen Argument) and Interpretation Acts in Australia. Professor Pearce has provided legal advice to the Commonwealth and State and Territory governments over many years and has conducted many reviews on their behalf.