The “modern principle” is the official approach to statutory interpretation in Canada, which focuses on the language of a statutory provision in light of its purpose, intent and context. The Modern Principle of Statutory Interpretation, 2nd Edition (formerly published as The Fundamentals of Statutory Interpretation), is a must-have resource for anyone seeking to gain insight into statutory interpretation in Canada.
Written in an accessible, easy-to-understand manner, The Modern Principle of Statutory Interpretation, 2nd Edition is particularly useful because it:
- Examines the textual, contextual, historical, and purposive components of the modern principle, as well as their interaction with one another
- Presents some refinements to the modern principle to better understand legislative intent as well as pragmatically resolve ambiguous cases
- Considers why statutes require interpretation and the institutional legitimacy of the judiciary to interpret statutes
- Combines the best aspects of a textbook and a casebook as it includes detailed commentary and analysis of the subject matter, and not just case references
- Highlights key elements from leading cases by presenting the most definitive precedents for each aspect of statutory interpretation
What’s New In This Edition:
- New content addressing legislative drafting conventions and their relationship to interpretative rules
- New content on the challenges presented by, and potential solutions to, the interpretation of general or broadly worded language on the one hand, and overly specific language on the other
- Clarity around the precise role of ambiguity and absurdity, as well as when courts may resort to statutory presumptions
- Updated case law, including discussion of Supreme Court of Canada cases
