Legislating statutory interpretation
Subtitle: perspectives from the common law world
By: edited by Chris Hunt, Lorne Neudorf & Micah Rankin
Publisher: Thomson Reuters Canada
Published: 2018
Place of publication: Toronto, Ontario
Language: eng
Number of pages: 435
ISBN-13: 9780779886777
Copyright date: 2018
Subjects: Law; Interpretation and construction; Common law
Description: "Legislating Statutory Interpretation: Perspectives from the Common Law World is a collection of essays focusing on the relationship between interpretation acts and statutory interpretation. The activity of interpreting statutes is often thought to be quintessentially judicial and is largely governed by common law rules and principles of statutory interpretation. Interestingly, however, in every province in Canada (and in many other jurisdictions), parliaments and legislatures have enacted statutes that purport to dictate to courts how they should interpret legislation. For instance, section 8 of the British Columbia Interpretation Act states that 'Every enactment must be construed as being remedial, and must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.' What is the significance of these attempts by legislatures to direct courts to adopt a particular interpretive method, and one that is, moreover, essentially teleological in its orientation? From the standpoint of legal and constitutional theory, this incursion by parliament into this sacrosanct realm of the judiciary seems deeply problematic. Yet the truth of the matter is that courts have largely ignored these interpretation acts and applied a common-law interpretive methodology. With the help of leading legal scholars drawn from all over the Commonwealth, this text explores the relationship between courts and legislatures in establishing methodologies for statutory interpretation. Is this relationship constitutionally permissible? And if so, is it desirable? This collection of essays will explore these questions."
Notes: At head of title: "Carswell."

Includes bibliographical references and index.
Table of contents: title: Canada's first act : the history and role of the Interpretation Act  -- Lorne Neudorf; title: Legislative pitfalls in mandating shared parenting in family law disputes : an Australian experience  -- Dr. Colin James; title: Australia's legislatures and its courts : the gender identity interpretive challenge  -- Suzanne Le Mire; title: Legislated interpretation and tax avoidance in Canadian income tax law  -- David G. Duff and Benjamin Alarie; title: Can statutory interpretation constrain the Constitution? A Canadian perspective on a rule of law puzzle  -- Lorne Sossin; title: Through the looking-glass? Ouster clauses, statutory interpretation and the British Constitution  -- Mark Elliott; title: Statutory interpretation and legislative competence : section 101 of the Scotland Act 1998  -- Christopher McCorkindale; title: Legislating statutory interpretation under the Victorian Charter : an unusual tale of judicial disengagement with rights-compatible interpretation  -- Julie Debeljak; title: Judicial powers of statutory interpretation under the Human Rights Act 1998 in Britain : the evolution of democracy and rights or a step too far?  -- Dr. Jonathan Black-Branch; title: The Migration Act 1958 (Cth) and the role of international law in statutory interpretation  -- Juliette McIntyre; title: From "curious provision" to "cardinal rule"-the purposive approach to statutory interpretation in New Zealand  -- Susan Glazebrook; title: Six impossible things?  -- Mary Liston; title: The declaratory form of legislation : the (long overdue) time to slay this mythical beast  -- Dr. Joe McIntyre; title: Does a change of words mean something or nothing? Interpreting substance or style in legislative amendments -- Paul O'Brien and Richard Haigh.