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- Title
THEORIES AND PRINCIPLES UNDERLYING THE DEVELOPMENT OF THE COMMON LAW - THE STATUTORY ELEPHANT IN THE ROOM.
- Authors
LEEMING, MARK
- Abstract
The article discusses the role of statutes in the Australian legal system. Topics include the complications involved in the interplay between statute and judge-made laws, interplay in the laws related to contract, tort and restitution, and the contextual approach to statutory construction. Further are discussed statutory prohibitions that give rise to causes of action and the legislative change in Australia.
- Subjects
AUSTRALIA; STATUTORY interpretation; LEGISLATION drafting; STATUTORY remedies; STATUTES; LEGISLATION &; society
- Publication
University of New South Wales Law Journal, 2013, Vol 36, Issue 3, p1002
- ISSN
0313-0096
- Publication type
Article