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- Title
STATUTE AND COMMON LAW: INTERACTION AND INFLUENCE IN LIGHT OF THE PRINCIPLE OF COHERENCE.
- Authors
BANT, ELISE
- Abstract
The article focuses on the potential interplay between statute and common law in Australia and the role of common law concepts in informing statutory interpretation and application. Topics discussed include determining the relationship between statute and common law, avoiding the increasing fracturing and incoherence in Australian legal landscape, and analogical development of the common law by reference to reference to statute.
- Subjects
AUSTRALIA; STATUTES; COMMON law; POLITICAL questions &; judicial power; COHERENCE (Philosophy); AUSTRALIAN politics &; government
- Publication
University of New South Wales Law Journal, 2015, Vol 38, Issue 1, p367
- ISSN
0313-0096
- Publication type
Article