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Chapter 3: Constitutional context

Chapter 3: Constitutional context

pp. 36-46

Authors

, La Trobe University, Victoria, , University of Western Australia, Perth,
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Summary

[3.1] The constitutional framework of legislation, federal and state, is relevant to statutory interpretation in various ways. At its most general level, the framework identifies the source of interpretative law for legislation. Further, three fundamental constitutional concepts – the separation of powers, the rule of law and parliamentary supremacy – both influence and provide a foundation for statutory interpretation law. Although these concepts are complex, and the subject of considerable discourse in constitutional law, it is important to understand their basic characteristics as a backdrop to the more detailed examination of statutory interpretation law that follows in this book.

Keywords

  • Constitutional Context
  • Australian Constitution
  • Australian legal system
  • legal system
  • separation of powers
  • judicial
  • legislative
  • rule of law

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