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Chapter 9: Practical techniques

Chapter 9: Practical techniques

pp. 117-146

Authors

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

[9.1] As well as a body of legal doctrine, statutory interpretation is an area of skill and technique. To a degree these techniques can be described and modelled. With reference to actual cases, this chapter models techniques for undertaking legal analysis of an Act, identifying interpretative clues or indications of meaning (‘interpretative factors’), formulating alternative constructions (rival contentions as to the meaning of the words in question), evaluating interpretative arguments, determining the preferable construction, and presenting a legal opinion and reasons for judgment.

Keywords

  • Practical Techniques
  • method of interpretation
  • legal research
  • context
  • analysis of the Act
  • interpretative criteria
  • alternative constructions
  • interpretative indications
  • interpretative factors
  • critical thinking

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