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THE RULE OF LAW IN READING DOWN: GOOD LAW FOR THE 'BAD MAN'.

Authors :
HUME, DAVID
Source :
Melbourne University Law Review. 2013, Vol. 37 Issue 3, p620-661. 42p.
Publication Year :
2013

Abstract

When interpreting statutes, courts presume that Parliament intended the statute to bear a meaning which is constitutionally valid. When this presumption is applied unyieldingly, it can result in statutes being ascribed meanings which are unnatural, vague and changeable. That can impair the rule of law values of predictability and continuity in the law. This article argues that rule of law values can play a role in the constructional process -- both in general and particularly in the context of reading statutes in conformity with the Constitution. The article explores this through an examination of two 2012 High Court decisions and proposes a set of interpretive maxims which courts could apply to temper unrestrained application of the presumption that statutes should be ascribed a meaning which is constitutionally valid. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00258938
Volume :
37
Issue :
3
Database :
Academic Search Index
Journal :
Melbourne University Law Review
Publication Type :
Academic Journal
Accession number :
114899672