Product Details
978-0-7798-8677-7
Book
Approximately 600 pages
1 volume bound
softcover
2018-11-28
Carswell

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Legislating Statutory Interpretation: Perspectives from the Common Law World
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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.

About the Author

Christopher D. L. Hunt, B.A. (Hons.) (Mt. Allison), LL.B. (Manitoba), LL.M. (Cambridge), Ph.D. (Cambridge), is Associate Professor at Thompson Rivers University, Faculty of Law and founding Editor in Chief of the Canadian Journal of Comparative and Contemporary Law. He has published extensively in the fields of privacy law, contracts, equity, and the law of evidence. He is currently working on a monograph concerning the law of privilege in Canada.

Lorne Neudorf, J.D. (Victoria), LL.M. (McGill), Ph.D. (Cambridge) is a Member of the Law Society of Upper Canada and Associate Professor of Law at Adelaide Law School, University of Adelaide, Australia and Adjunct Professor at Robson Hall, University of Manitoba. He has published extensively in the field of comparative public law, especially on legal institutions and the interpretation of legislation. He is also an Editor in Chief and co-founder of the Canadian Journal of Comparative and Contemporary Law. Professor Neudorf is presently carrying out a comparative study on delegated legislation in Australia, Canada, New Zealand and the United Kingdom, which is funded through a major grant by the Social Sciences and Humanities Research Council of Canada. He has taught comparative law and public law, and has been awarded numerous teaching prizes by law students.

Micah Rankin, J.D. (Victoria), LL.M. (Toronto) is a member of the Law Society of British Columbia and an Associate Professor of Law at Thompson Rivers University. As a law student, Professor Rankin received numerous academic awards and honours. Following law school, he worked as a judicial law clerk for a justice of the Court of Appeal for British Columbia. He then practised law with a leading litigation boutique in Vancouver for several years before pursuing graduate studies at the University of Toronto. Professor Rankin was a founding faculty member Thompson Rivers University, where he teaches criminal law, the law of evidence and advanced constitutional law. Professor Rankin has published extensively in the areas of criminal, evidence and constitutional law, and has received awards and accolades from students for his teaching. In addition to his academic pursuits, Professor Rankin maintains an active law practice, with a focus on criminal appeals and complex constitutional cases. He regularly appears at all levels of court in British Columbia, and has acted as lead counsel at the Supreme Court of Canada on several occasions.