Interpretation
LAWS5143
This course covers the legal framework within which instruments are interpreted. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of contracts and other instruments, such as treaties. The primary objective in interpretation of instruments is to give meaning to the words of the instrument for the purpose of applying a legal standard. As observed by the former Chief Justice of the High Court, the question is not what the legislature or the parties subjectively intended, but the meaning of the words they used, which must be ascertained in construing the effect of the instrument (Gleeson CJ, Wilson v Anderson (2002) 213 CLR 401 at [8]). The course will focus on the primary elements of interpretive practice: text, context, and purpose, in a variety of contexts.A variety of interpretive principles are used to ascertain the meaning of the words used in an instrument. The course will cover:* Approaches to interpretation, with emphasis on the function of interpretation in private law and public law; * Aspects of the interpretation of private instruments - contracts, testamentary dispositions, collective agreements. * Principles of statutory interpretation, including: * the conventions of grammatical interpretation of statutes, including the approach to the use of technical words, the need to read the instrument as a whole, and approaches to ambiguity and inconsistency of language, * specific common law principles of interpretation. * the use of extrinsic aids to interpretation, * the role and function of interpretation acts.* Aspects of interpretation of international of national and international instruments - Constitutions and treaties. It is envisaged that at least part of the course content will be taught by eminent guest lecturers from within and outside the Faculty.
Unit of study details
Unit of study level: Postgraduate
Credit points: 6
Commencing semesters: 2
Further unit of study information
Unit of study handbook: LAWS5143
Costs and scholarships information: Costs and Scholarships
Final dates to withdraw from units of study: Census Dates
Available for study abroad and exchange: Yes