Statutory Interpretation and Human Rights

ISBN-10: 070223687X
ISBN-13: 9780702236877
Category: Law
Pages: 152
Language: English
Published: 2008
Publisher: University of Queensland Press(Australia)
Author: James Spigelman

Description

The annual McPherson Lecture Series, inspired by the famous Hamlyn Lecture Series in England, hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In this, the third, volume, The Honourable James Jacob Spigelman, considers the theme of statutory interpretation and human rights. The first of the these lectures, 'The Common Law Bill of Rights', considers the principles of the law of statutory interpretation which constitute, in substance, a common law bill of rights. The second lecture, 'The Application of Quasi-constitutional Laws', considers the developing jurisprudence of the application of the special interpretive provision in human rights legislation and how the principles of statutory interpretation are applied to legislation of this character. The final lecture, 'Legitimate and Spurious Interpretation', considers the difficulties posed for interpretation by the need to balance conflicting human rights and the limits of interpretation. These thought-provoking and timely essays tackle an important and controversial area of law, that has real repercussions for the reputation of the law, the role of judges and the independence of the court system in Australia.

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