Statutory Interpretation – Mostly Common Sense?

Legislation is the predominant source of law applied by judges in the common law world today. This is because, even though the doctrine of precedent allows for the development of law by judges through cases, most areas of law are now set down in statutes, and cases primarily concerning their interpretation. The Honourable Justice John Middleton, Justice of the Federal Court of Australia explores below, statutory interpretation and its application to the common law.

Legislation and the common law are not separate

and independent sources of law; the one the concern

of parliaments, and the other the concern of courts.

They exist in a symbiotic relationship.


28 pages.