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Public Law and Statutory Interpretation: Principles and Practice

Public Law and Statutory Interpretation: Principles and Practice

By Lisa Burton Crawford, Janina Boughey, Melissa Castan and Maria O’Sullivan

This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive.

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  • Full description

    This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.

    More particularly, the book provides:

    • an overview of the origins and key stages in the development of the Australian legal system;
    • an explanation of the concepts and ideals that form the foundation of Australian public law;
    • an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; and
    • an explanation of how, in light of key public law principles, legislation is interpreted by Australia’s courts.

    This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.

    The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:

    • several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;
    • discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.
  • About the author

    Dr Lisa Burton Crawford is a Lecturer in Law at Monash University. Her research focuses on the intersection of constitutional law, administrative law, and legal theory. She is particularly interested in the constitutional foundations and scope of judicial review of executive action, and the constitutional dimensions of contemporary approaches to statutory interpretation. She teaches constitutional law, administrative law, and public law and statutory interpretation.

    Lisa has published on these and other topics in leading scholarly journals (including Public Law, the Federal Law Review, and Melbourne University Law Review) and edited collections in Australia and abroad. Her book, The Rule of Law and the Australian Constitution, was published by the Federation Press in 2017.

    Lisa holds a PhD from Monash University (for which she received the 2015 Mollie Holman Doctoral Medal), a BCL (Distinction) from the University of Oxford and a BA/LLB (First Class Honours) from the University of Western Australia. In 2018, Lisa will be joining the University of New South Wales as a Senior Lecturer.

    Dr Janina Boughey is a Lecturer in the Faculty of Law at Monash University. Her research uses comparative methods to analyse current issues in Australian, Canadian and UK administrative law.

    Janina has published on a range of public law topics in leading Australian and overseas journals (including International and Comparative Law Quarterly, the Federal Law Review, and Public Law) and edited collections. She is the author of the monograph Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?, published by Hart Publishing in 2017.

    Janina holds a PhD from Monash University (for which she received the 2014 Mollie Holman Doctoral Medal), undergraduate degrees in Law and Economics (Social Science) from Sydney University (both with First Class Honours), and an LLM in government law from the Australian National University. She has previously worked in a number of legal, policy and research positions in the federal government, including in the Administrative Law section of the Commonwealth Attorney-General’s Department, and as a researcher in the Department of the Senate.

    Melissa Castan lectures in law at Monash University, particularly in areas of public law, constitutional law and Indigenous Peoples rights. Her research focuses on the relationship between constitutional law, Indigenous rights and human rights law. She also is interested in issues of legal education, community education and innovation in law. Melissa authored LawBriefs: Constitutional Law (Thomson Reuters, 2015) and (with Sarah Joseph) Federal Constitutional Law: A Contemporary View (Thomson Reuters, 2014). She is a Deputy Director at the Castan Centre for Human Rights Law, the National Editor for the Alternative Law Journal and co-host of the legal issues podcast Law Radio.

    Dr Maria O’Sullivan is a Senior Lecturer in the Faculty of Law and a Deputy Director of the Castan Centre for Human Rights Law at Monash University. She teaches Administrative Law, Public Law and International Refugee Law.

    Maria has published in leading scholarly journals (including Sydney Law Review, Monash University Law Review, and the UNSW Law Journal). She has also completed an edited collection on administrative justice and refugee policy: States, the Law and Access to Refugee Protection - Fortresses and Fairness (Hart, 2017; co-edited with D Stevens).

    Maria holds a PhD from Monash, a Masters in Law (Distinction) from the University of Essex (UK) and a BA/LLB (First Class Honours) from the Australian National University.

    She previously worked as a Legal Adviser to the Refugee Review Tribunal and a Legal Researcher at Matrix Chambers, Gray’s Inn, London.

  • Product details

    ISBN: 9781760021528

    Published: 2017

    Format: Softcover

  • Table of contents

    Preface

    Acknowledgments

    Table of Cases

    Table of Statutes

     

    1.   Foundational Concepts

     

    2.   Relationships and Structures

     

    3.   The Origins and Evolutions of Australian Public Law

     

    4.   Parliaments and Legislative Power

     

    5.   The Executive and Executive Power

     

    6.   The Courts and Judicial Powers

     

    7.   Public Law in Practice: Executive Detention of Asylum Seekers

     

    8.   Public Law in Practice: Human Rights and Public Law

     

    9.   Our Statutory Universe

     

    10. Principles of Statutory Interpretation: Text, Context and Purpose

     

    11.  Principles of Statutory Interpretation: Presumptions and Protecting Rights

     

    12. Principles of Statutory Interpretation in Practice

     

    Bibliography

     

    Index

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