Legal interpretation is the process by which the legal meaning of a text is worked out by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of private law instruments, the Constitution, and treaties. The principles and methods of legal interpretation are directed to a purpose - to answer a question about contested legal meanings. The course will focus on the primary elements of interpretive practice: reading and understanding the text in its proper context, and in the light of its purpose and the objective intention of the drafter. The course will cover: * Approaches to legal interpretation, with emphasis on the function of interpretation in private and public law. * Aspects of the interpretation of private instruments, wills, contracts, testamentary dispositions, collective agreements. * Drafting and clear expression. * Principles of statutory interpretation, including the conventions of grammatical interpretation of statutes; the use of technical words; the need to read the instrument as a whole; the role and function of interpretation acts, including legislation requiring consideration of Human Rights principles; approaches to ambiguity and inconsistency of language; specific common law principles and presumptions of interpretation; the use of extrinsic aids to interpretation, and the identification of statutory purpose. * Aspects of interpretation of national and international instruments - Constitutions and treaties. Part of the course content will be taught by eminent guest lecturers from the Faculty and the profession.
2x2-hr seminars/week for 10 weeks
3,000wd research essay (40%), 1000wd drafting exercise (20%) and end of course take home exam OR 3000wd optional additional research essay OR 3000wd long problem (40%)
Herzfeld Tully and Prince Interpretation and Use of Legal Sources 2013
(LAWS1002 or LAWS2008 or LAWS1015) and (LAWS2002 or LAWS1021)Prohibitions