Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes.
The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by “the entire context” — the core concept of the modern principle that governs interpretation — and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role.
Written by Canada’s leading authority in the field, this is a desk book that no legal practitioner should be without.
Part One: Introduction
Chapter 1: Introduction to Statute Law Chapter 2: Introduction to Statutory Interpretation Chapter 3: The Entire Context
Part Two: Establishing First Impression Meaning
Chapter 4: Ordinary Meaning Chapter 5: Technical Meaning and Meanings Fixed by Law Chapter 6: Shared and Bijural Meaning Chapter 7: Original Meaning
Part Three: Analyzing the Entire Context
Chapter 8: Textual Analysis Chapter 9: Reliance on Components Chapter 10: The Legislative Context Chapter 11: Purposive Analysis Chapter 12: The External Context Chapter 13: Consequential Analysis Chapter 14: Legal Policy Analysis Chapter 15: Interpreting Aboriginal Law Chapter 16: Reliance on Extrinsic Aids
Part Four: Achieving Harmony
Chapter 17: Plausible Interpretation, Mistakes, and Gaps Chapter 18: Presumed Compliance with Constitutional Law, Common Law, and International Law Chapter 19: Overlap and Conflict
Part Five: Presumptions Governing the Application of Legislation
Chapter 20: Presumed Application: Time, Territory, and the Crown
Table of Cases Index About the Author
Series: Essentials of Canadian Law
Number Of Pages: 428
Published: 31st August 2016
Publisher: Irwin Law Inc
Country of Publication: CA
Dimensions (cm): 22.9 x 15.2
Weight (kg): 0.06
Edition Number: 3
Edition Type: Revised