Legislating Statutory Interpretation: The Parliamentary Regulation of Judicial Discretion

Chris Hunt, Lorne Neudorf & Micah Rankin (eds), Legislating Statutory Interpretation: Perspectives from the Common Law World (2018, Carswell) xi

Posted: 10 Jul 2019

See all articles by Chris Hunt

Chris Hunt

affiliation not provided to SSRN

Lorne Neudorf

University of Adelaide - School of Law

Micah B. Rankin

Thompson Rivers University, Faculty of Law

Date Written: 2018

Abstract

This book seeks to provide insight on a number of important questions related to the theme of legislating statutory interpretation: what motivates or prompts legislative direction to the courts? For instance, does it occur in relation to certain subject matters more than in relation to others? How do courts tend to respond to legislative control of their interpretative discretion? What are the implications of retroactive legislation aimed at “correcting” a past judicial interpretation of a statute? What are the broader issues, such as those relating to the roles of the legislature and judiciary, that are implicated by legislating statutory interpretation? A range of approaches, including those that are comparative, historical and critical, have been deliberately included to provide rich and diverse perspectives on this broader theme. We have organized the contributions into three main sub-themes: (i) case studies and lessons learned; (ii) constitutions, human rights and international law; and (iii) broader reflections on institutional dialogues.

Suggested Citation

Hunt, Chris and Neudorf, Lorne and Rankin, Micah B., Legislating Statutory Interpretation: The Parliamentary Regulation of Judicial Discretion (2018). Chris Hunt, Lorne Neudorf & Micah Rankin (eds), Legislating Statutory Interpretation: Perspectives from the Common Law World (2018, Carswell) xi, Available at SSRN: https://ssrn.com/abstract=3416992

Chris Hunt

affiliation not provided to SSRN

Lorne Neudorf (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

HOME PAGE: http://https://researchers.adelaide.edu.au/profile/lorne.neudorf

Micah B. Rankin

Thompson Rivers University, Faculty of Law ( email )

900 McGill Road
IB2008
Kamloops, BC V2C 5N3
Canada

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