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Modern Statutory Interpretation Framework, Principles and Practice

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Chapter 5: The judicial duty to be independent

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Chapter 5: The judicial duty to be independent

pp. 62-71

Authors

Jeffrey Barnes
, La Trobe University, Victoria,
Jacinta Dharmananda
, University of Western Australia, Perth,
Eamonn Moran
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Summary

[5.1] Judges are required to be independent in statutory interpretation in two main senses. First, they are independent in the sense of sovereign. In Australian law, judges are the sole authoritative arbiters of the meaning of legislation.

Keywords

  • The Judicial Duty to be Independent
  • independent
  • independence
  • parties
  • judicial independence
  • individual judgement
  • legal method

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