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Chapter 6: Text-based interpretation

Chapter 6: Text-based interpretation

pp. 72-82

Authors

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

[6.1] Statutory interpretation is to be ‘text-based’. ‘The text’ here refers to the words whose meaning or effect is in issue. Rooted in constitutional principles, consideration of the text is the starting point of the interpretative process. The text supplies the basis for ascertaining the ordinary or grammatical meaning and similar meanings. In turn, that supplies a presumptive and weighty meaning. After having been read in context, the text is also the ending point of the interpretative process. It is where meaning is ultimately held to ‘reside’. But, for an interpreter, the text is not limiting in the sense that he or she must choose between its grammatical or semantic possibilities, read in isolation. The paramount object remains to give effect to the intention of Parliament.

Keywords

  • Text-based Interpretation
  • words
  • meaning
  • effect
  • constitutional principles
  • meaning
  • grammar
  • semantics
  • judicial legislation

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