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Sullivan on the Construction of Statutes, 6th Edition

This edition offers a complete and up-to-date account of statutory interpretation. It includes clear explanations of the traditional rules of interpretation, explores the principles underlying the rules and offers numerous illustrations of their application.
Publication Language: English
Book
$335.00
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Published:
ISBN/ISSN: 9780433471486

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Part art, part science – that's the essence of effective statutory interpretation. And understanding that delicate balance is precisely the kind of insight you'll glean from this latest edition of the industry-leading resource, Sullivan on the Construction of Statutes.

This is a volume that no lawyer can afford to be without: knowing how to read and apply statutes, and to construct sound arguments regarding statutory interpretation, is a critical skill to possess, regardless of specialty or area of practice. This sixth edition offers a comprehensive and up-to-date examination of the rules and principles governing statutory interpretation, including the latest cases and developments.

Features of this volume
Written by the premier authority on statutory interpretation in Canada, Sullivan on the Construction of Statutes, 6th Edition offers:
  • Clear explanations of the traditional rules of interpretation, including the principles underlying the rules and numerous illustrations of their application
  • Complete coverage of this vital aspect of legal practice in one source, from ordinary meanings, bilingual interpretation and purposive analysis, to crown immunity, external context and all points in between
  • A consideration of the concept of entire context embodied in Driedger's modern principle and whether ambiguity has any role to play in determining what aspects of context are admissible in interpretation disputes
  • Chapters on the temporal operation of legislation and the rules governing the temporal, territorial and personal application of legislation

New in the sixth edition
  • A revised, in-depth analysis of the evolution of transitional law, focusing in particular on the confusion generated by the presumption against the retrospective (as opposed to the retroactive) application of legislation
  • A revised, in-depth analysis of the concept of conflict between legislative texts
  • Introduction of a distinction between conflict avoidance and conflict resolution
  • Revised and updated discussions of evolving topics, including:
    • The methodology entailed by the modern principle of statutory interpretation
    • The jurisdiction of courts to fill gaps in a legislative scheme
    • The interpretation of modern Aboriginal treaties
    • A principle-based approach to the temporal application of legislation
    • A principle-based approach to the extra-territorial application of provincial legislation
  • Analysis of case law developments related to:
    • The use of expert testimony to interpret the "ordinary meaning" of legislative text as well as the "technical meaning"
    • The interpretation of statutory definitions
    • "False discrepancies" and the role of statute revision in bilingual interpretation
    • The role of the presumptions of intent in interpretation
    • The use of external context to draw inferences about the meaning of legislation
    • The use of extrinsic aids for interpretation of legislative meaning, including inferring legislative intent from failure of government to amend legislation in the face of public lobbying
An invaluable reference
Because statutory interpretation has such wide-ranging application, Sullivan on the Construction of Statutes, 6th Edition is relevant and useful to virtually anyone practising or studying law. Everyone from judges and government lawyers to civil litigators and administrative lawyers will benefit from the insight and expertise Professor Sullivan imparts through this resource.

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Table of contents

Chapter 1 – Reading Words in Their Entire Context: An Overview of this Book
Chapter 2 – Driedger's Modern Principle
Chapter 3 – Ordinary Meaning
Chapter 4 – Technical and Legal Meaning, Statutory Definitions, Interpretation Acts and Recurring Legislative Terminology
Chapter 5 – Bilingual and Bijural Meaning
Chapter 6 – Original Meaning
Chapter 7 – Plausible Meaning
Chapter 8 – Textual Analysis
Chapter 9 – Purposive Analysis
Chapter 10 – Consequential Analysis
Chapter 11 – Coherence, Overlap and Conflict Resolution
Chapter 12 – Correcting Mistakes, Filling Gaps and Defeating Avoidance
Chapter 13 – The Act as a Whole, the Statute Book as a Whole and Related Legislation
Chapter 14 – The Components of Legislation
Chapter 15 – Presumed Legislative Intent
Chapter 16 – Constitutional Law
Chapter 17 – Common Law
Chapter 18 – International Law
Chapter 19 – Human Rights Legislation
Chapter 20 – Aboriginal Treaties and Legislation
Chapter 21 – Fiscal Legislation
Chapter 22 – The External Context
Chapter 23 – Extrinsic Aids
Chapter 24 – Temporal Operation
Chapter 25 – Temporal Application
Chapter 26 – Territorial Application
Chapter 27 – Crown Immunity