LAW 1501 Chapter Notes - Chapter 9: Statutory Interpretation, Purposive Approach, Mischief Rule
FOUNDATIONS READINGS WEEK 4
Laying Down the Law Chapter 9-
Legislation first emerged in England prior to the sixth century and delegated
legislation emerged in the fourteenth century (p.285)
Two forms of legislation- Statutes made by parliament and delegated legislation
made by bodies parliament has delegated law-making powers to
Legislative rules and case law rules not the same- legislation can only solve future
issues whereas case law deals with current issues and retrospectively (p.287)
New statutes that are inconsistent with a previous law override the old law
When a law has been created by a subordinate body that conflicts with statutory
law, statutory law prevails (p.287)
Legislation made by the federal parliament that is inconsistent with legislation on
the same topic made by a state parliament will prevail
Legislation prioritised over case law
All states except Queensland have bicameral parliaments
Photocopy textbook pages 289-291 for legislative process
Scrutiny of policy proposals and government expenditure- Parliamentary Budget
Office and Senate Estimates Committee (p.291)
Critical to know when an act comes into force, not just when it is passed
Commonwealth statutes are enforceable 28 days following assent unless it is
regarding a Constitutional amendment
Reviving statutes- Uncommon, “when a statute that has been repealed comes into
force again for a specific period.” (p.295)
Acts of parliament usually prospective but can be retrospective
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Acts that replace another act because of a mistake commence on the date when the
previous act commenced (p.297)
Statute Structure-
- Number
- Date
- Long Title
- Short Title
- Preamble
- Sections
- Section Headings and notes
- Chapters, Parts, Divisions and Subheadings
- Table of Contents
- Purpose
- Interpretation Sections
- Schedules
Laying Down the Law Chapter 10
Foundation of statutory interpretation is to determine what the intent of parliament
was when the statute was made
Common law interpretative techniques- Literal and Purposive approach
Literal approach- “Assumes a word or phrase, read in its textual context, always
has just one meaning.” (p.344)
Golden rule- Limitation on the literal approach
Purposive approach- “Applied by determining the purpose of Parliament in passing
the legislation or the particular provision in question and adopting an interpretation
of the words that is consistent with that purpose.” Origins in the mischief rule.
(p.348)
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Document Summary
Legislation first emerged in england prior to the sixth century and delegated legislation emerged in the fourteenth century (p. 285) Two forms of legislation- statutes made by parliament and delegated legislation made by bodies parliament has delegated law-making powers to. Legislative rules and case law rules not the same- legislation can only solve future issues whereas case law deals with current issues and retrospectively (p. 287) New statutes that are inconsistent with a previous law override the old law. When a law has been created by a subordinate body that conflicts with statutory law, statutory law prevails (p. 287) Legislation made by the federal parliament that is inconsistent with legislation on the same topic made by a state parliament will prevail. All states except queensland have bicameral parliaments. Photocopy textbook pages 289-291 for legislative process. Scrutiny of policy proposals and government expenditure- parliamentary budget. Critical to know when an act comes into force, not just when it is passed.
