Making Sense of Statutes (LAWS90261)
Graduate courseworkPoints: 12.5Not available in 2025
About this subject
Overview
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There has been a massive increase in the volume of statute law in Australian jurisdictions over the past century, with the result that statutes now play an important role in most areas of law and in the resolution of most appellate court cases. Yet there is widespread disagreement about the approach that should be taken to interpreting statutes. For example, should that approach focus on the text of the statute, the intentions of the legislature or the statutory purpose? Where textual considerations conflict with the statutory purpose, which should prevail? It is their differing answers to these questions that distinguish the main theories of statutory interpretation: textualism, intentionalism and purposivism.
Even more fundamentally, many of the key concepts in statutory interpretation are not well understood. For example, the High Court of Australia tells us that the duty of the court is to give the words of the statute their “legal meaning”, but what is “legal meaning"? Similarly, what is statutory purpose, and how does it differ from legislative intent? For that matter, what is meant by “legislative intent”, and is there any such thing as an intention of the legislature as a whole?
This subject aims to explore these issues in depth, building on students’ understanding of statutory interpretation developed in previous subjects. This subject will have a theoretical focus, analysing fundamental concepts employed in, and theoretical debates about, statutory interpretation. It will use this theoretical focus to critically evaluate the approach taken by Australian courts, and to shed light on the way in which statutes operate in the contemporary Australian legal system.
Intended learning outcomes
Students who successfully complete this subject will have developed and demonstrated:
- a sophisticated appreciation of the strengths and weaknesses of the main theories of statutory interpretation;
- a deeper understanding of key concepts in statutory interpretation, such as legislative intent and statutory purpose;
- a deeper understanding of the current approach of Australian courts to statutory interpretation, together with the ability to critically assess that approach; and
- enhanced skills of statutory interpretation, including the ability to use theories of statutory interpretation to support or contest interpretations of particular statutes.
Generic skills
- the ability to critically analyse important legal concepts, such as legislative intent and statutory purpose;
- the ability to critically analyse competing theoretical perspectives on statute law, such as textualism, intentionalism and purposivism;
- the capacity to apply theoretical perspectives to law, to support particular interpretations of the law; and
- advanced skills in legal research.
Last updated: 1 April 2025
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50032 | Administrative Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Students intending to enrol in this subject should have a basic understanding of the role that statutes play within the Australian legal system. They should also have a basic understanding of the principles of statutory interpretation that operate in that legal system, and of key concepts – such as legislative intent and statutory purpose – that (arguably) feature in those principles.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 1 April 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Essay
| Week 10 | 60% |
Online take home examination (8 hours)
| During the examination period | 40% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 1 April 2025
Quotas apply to this subject
Dates & times
Not available in 2025
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective nominations are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 1 April 2025
Further information
- Texts
- Related Handbook entries
Last updated: 1 April 2025