The basic rule is that Parliament is to be presumed to intend to legislate in conformity, and not in conflict, with international law. [See Polites v The Commonwealth (1945) 70 CLR 60 at 68-69, 77,80-81; Zachariassen v The Commonwealth (1917) 24 CLR 166 at 181; Mabo v Queensland (No 2) (1992) 175 CLR 1 at 42; Minister for Foreign Affairs v Magno (1992) 37 FCR 298 at 303-305 per Gummow J; Newcrest Mining (WA) Ltd v The Commonwealth (1997) 190 CLR 513 at 657-66; Kartinyeri, above n35, at 745; Sir Anthony Mason "International Law as a Course of Domestic Law" in Opeskinand Rothwell (eds) International Law and Australian Federalism. Melbourne: Melbourne Uoiversity Press, 1997, at 220-222.] [Please see/visit the Link of the matter quoted]
The most comprehensive coverage on the construction of Statutes. It includes parts of statutes,Extrinsic-Aids,Intrinsic aids, Reading down, Amendments,Repeals,codifications,Quasi-Judicial agencies,Non-obstante clause,Mandatory/Declatory provisions,Tax ,Beneficial, Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance.
Subscribe to:
Post Comments (Atom)
Blog Archive
-
▼
2010
(393)
-
▼
May
(209)
-
▼
May 29
(9)
- Presumption that Statute is In conformity with Int...
- Ambiguity: Per Maxewell
- Courts not to Amend the language
- Considering Act as a whole
- Intent: Touchstone of Interpretation
- Purposive approach to identify the Intention
- When To Depart from Ordinary or Plain Meaning Rule
- Construction where Most ordinary and Natural Meani...
- Statute as a whole..contd..
-
▼
May 29
(9)
-
▼
May
(209)
No comments:
Post a Comment