Public Law and Statutory Interpretation Principles and Practice

This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government. More particularly, the book provides: an overview of the origins and key stages in the development of the Australian legal system; an explanation of the concepts and ideals that form the foundation of Australian public law; an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; and an explanation of how, in light of key public law principles, legislation is interpreted by Australia’s courts.

1. Foundational Concepts 2. Relationships and Structures 3. The Origins and Evolutions of Australian Public Law 4. Parliaments and Legislative Power 5. The Executive and Executive Power 6. The Courts and Judicial Powers 7. Public Law in Practice: Executive Detention of Asylum Seekers 8. Public Law in Practice: Human Rights and Public Law 9. Our Statutory Universe 10. Principles of Statutory Interpretation: Text, Context and Purpose 11. Principles of Statutory Interpretation: Presumptions and Protecting Rights 12. Principles of Statutory Interpretation in Practice

Dr Lisa Burton Crawford is a Lecturer in Law at Monash University. Her research focuses on the intersection of constitutional law, administrative law, and legal theory. She is particularly interested in the constitutional foundations and scope of judicial review of executive action, and the constitutional dimensions of contemporary approaches to statutory interpretation. She teaches constitutional law, administrative law, and public law and statutory interpretation. Lisa has published on these and other topics in leading scholarly journals (including Public Law, theFederal Law Review, and Melbourne University Law Review) and edited collections in Australia and abroad. Her book, The Rule of Law and the Australian Constitution, was published by the Federation Press in 2017. Lisa holds a PhD from Monash University (for which she received the 2015 Mollie Holman Doctoral Medal), a BCL (Distinction) from the University of Oxford and a BA/LLB (First Class Honours) from the University of Western Australia. In 2018, Lisa will be joining the University of New South Wales as a Senior Lecturer.