Interpretation of Legislation: Trends in Statutory Interpretation and the Judicial Process

Essay in Roles and Perspectives in the Law: Essays in Honour of Sir Ivor Richardson. David Carter and Matthew Palmer (eds) (2002 Victoria University Press, Wellington)

15 Pages Posted: 10 Feb 2016

See all articles by Kate Tokeley

Kate Tokeley

Victoria University of Wellington - Faculty of Law

Date Written: 2002

Abstract

This article is presented in two sections. The first section analyses the changing approaches to statutory interpretation taken by the New Zealand Judiciary, their advantages and disadvantages, and how the methods are influenced by legislation, parliamentary intent and judicial personalities. The author argues in the second section that well-reasoned dissenting judgments are a valuable part of the legal process. The recent decrease in dissents is of concern if it is the result of a strong commitment by the Court to consensus and unanimity.

Keywords: legislation, statute, interpretation, judiciary, judicial, dissent, disagreement, opinion, purposive, approach, consensus, unanimity, uncertainty, uncertain, ambiguity, golden, rule, literal, purposive, natural, ordinary, context, value, based, consistent, bias, personality, subjective

JEL Classification: K00, K10, K20, K41, K23

Suggested Citation

Tokeley, Kate, Interpretation of Legislation: Trends in Statutory Interpretation and the Judicial Process (2002). Essay in Roles and Perspectives in the Law: Essays in Honour of Sir Ivor Richardson. David Carter and Matthew Palmer (eds) (2002 Victoria University Press, Wellington), Available at SSRN: https://ssrn.com/abstract=2699913

Kate Tokeley (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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