• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Daniel Stewart
  • Mode of delivery In Person
  • Offered in Autumn Session 2021
    See Future Offerings

Legislation dominates the contemporary legal landscape.  Almost all fields of legal regulation involve legislation in some form. The ability to interpret and understand the operation of legislation is a skill essential to understanding law and its operation.
This course will provide an advanced study of the rules and principles governing statutory interpretation.
Students who have encountered statue law in a variety of contexts (criminal law, torts law, administrative law etc) and been introduced to the relevant common law principles, will benefit from a more detailed consideration of statutory interpretation as a fundamental skill involved in all areas of practice but particularly those areas involving government.
The course will cover the following topics:
•    The legislative process and its role in statutory interpretation, including the role of extrinsic materials
•    Approaches to the interpretation of legislation, including comparisons with interpretation of contracts and treaties.
•    Interpretation Acts and drafting conventions
•    Extrinsic and intrinsic aids to assist in interpretation, including role of legal assumption
•    Remedial, penal and fiscal provisions
•    Obligatory and discretionary provisions.
•    Commencement and retrospective effect of legislation
•    Consistency and contrariety of legislative provisions and legislation.

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

  1. Explain, distinguish and apply the principles and process of statutory interpretation
  2. Compare, contrast and reflect on the theoretical concepts underlying and impacting on approaches to statutory interpretation and its application in professional practice.
  3. Plan, differentiate and prioritise approaches and materials used in statutory interpretation while working collaboratively.
  4. Select and apply a range of legal research principles and methods in interpreting legal instruments.

Indicative Assessment

  1. On-line exercises and group discussion (30) [LO 1,2,3,4]
  2. Assignment or Essay - up to 5000 words (70) [LO 1,2,3,4]

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

This course is primarily taught on-line. Students new to statutory interpretation will attend an introductory two-day intensive prior to the commencement of the on-line component. All students will then participate in 6 weeks of on-line exercises and discussion. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.


Click here for the LLM Masters Program timetable.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (MLLM); Master of Legal Practice (MLEGP); OR Juris Doctor (MJD) and have completed or be completing five 1000 or 6100 level LAWS courses; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL) Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

Prescribed Texts

D.C. Pearce and R.S. Geddes, Statutory Interpretation in Australia (9th ed 2019, LexisNexis).

Preliminary Reading

Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.

Any additional materials will be available on the Wattle course site.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Autumn Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
3552 01 Mar 2021 19 Mar 2021 19 Mar 2021 14 May 2021 Online N/A

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