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- Title
THE 'ALWAYS SPEAKING' APPROACH TO STATUTES (AND THE SIGNIFICANCE OF ITS MISAPPLICATION IN AUBREY V THE QUEEN).
- Authors
MEAGHER, DAN
- Abstract
This article clarifies the nature and scope of the 'always speaking' approach to statutes in Anglo-Antipodean law. To do so is important. For whilst it is now considered interpretive orthodoxy to treat statutes as 'always speaking', what that entails in terms of doctrine and application is not always clear. It is, however, recognised that whether or not a statute attracts the operation of the 'always speaking' approach can sometimes be a difficult question to answer. In order to do so judges have at their disposal the interpretive tools (and method) provided by the 'modern approach' to statutory interpretation. Indeed, in these cases maybe close attention to the contextualism which lies at the heart of the 'modern approach' is a more satisfactory way of determining the legal meaning of a statute than to presume that it is 'always speaking'.
- Subjects
AUSTRALIA; LAW; AUSTRALIA. High Court; BLACK-Clawson International Ltd.; COAL gas; AUSTRALIA. Parliament
- Publication
University of New South Wales Law Journal, 2020, Vol 43, Issue 1, p191
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/nogz8613