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THE OBJECTIVE APPROACH TO STATUTORY CONSTRUCTION CURRENT LEGAL ISSUES SEMINAR SERIES BANCO COURT, SUPREME COURT OF QUEENSLAND 8 MAY 2014 J D Heydon It is a pleasure to have been invited to this Seminar.

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A statutory approach casts students in an active role, requiring them to analyze and interpret statutes without guidance from a judicial opinion. It fosters in studeuts an appreciation of judicial opinions as exercises in interpretation rather than law creation.

Examples of statutory laws include traffic laws like driving on a suspended license, drug laws like those regarding drug possession, etc. Unlike common law, statutory law is codified and encompasses compiled legislation that has been passed on a local, state or federal level.

Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation.

Canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules and presumptions about usage. The canons also include substantive canons that incorporate policy-based assumptions about legislative intent.

In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

The modern approach to statutory interpretation This means that context is considered in the first instance (not only where there is ambiguity in the meaning of the words used), and consideration is given to the statute as a whole, the existing state of the law, and the purpose of the statute.

Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case.

Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232