Unit rationale, description and aim
The Rule of Law, and access to legal advice, are the basis of free, democratic, and just societies which promote personal dignity, thriving communities, and the Common Good. Law graduates working in legal practice, in business, in government, and in the community play an essential role in promoting and upholding the Rule of Law in Australia and across the world. The Bachelor of Laws degree is an accredited degree for admission as a legal practitioner in Australia.
Statutory Interpretation deals with the law governing the determination of legal meaning and the effect of legislation. This unit considers the legislative process and the identification of applicable statute law. It examines legislative interpretation principles, aids and techniques and the practical application of these in real-world contexts. In this unit, students will develop their skills in legislative research, legislative interpretation and in the communication of legal opinion.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Explain the principles and processes of statutory ...
Learning Outcome 01
Locate the legislative provisions required to solv...
Learning Outcome 02
Make appropriate use of the various aids to statut...
Learning Outcome 03
Develop and communicate a reasoned opinion as to t...
Learning Outcome 04
Content
Topics will include:
- Creation of Legislation
- Interpretation Legislation
- Context and Purpose
- Intention and Interpretive Techniques
- Intrinsic Materials
- Extrinsic Materials
- Traditional Common Law Approaches
- Statutory Presumptions
- International Law in Statutory Interpretation
- Interpreting Specific Instruments
- Developing Interpretive Legal Opinion
Assessment strategy and rationale
The assessments in LAWS314 are structured and delivered in a way that provides progressive skill building in statutory interpretation through exposure to the relevant rules/principles and their application. The assessment tasks are weighted and timed to test the various stages of knowledge acquisition, assimilation and application in the course.
The first assessment item is an Online summative multiple-choice held in week 5. The test is very much a fact-based assessment. It tests students’ knowledge of the basic principles and rules of statutory interpretation studied in the first four weeks of the course.
The second assessment item is a case analysis of a High Court case on a matter of statutory interpretation (due at the end of week 7). It tests students’ ability to assess and understand the application of the rules of statutory interpretation by the Court. The assessment builds on the general understanding of the principles and rules of statutory interpretation studied up to week six.
The final assessment is a problem-solving task involving the application of the principles of statutory interpretation to an actual piece of legislation as it applies to a fictional scenario. It requires students to ascertain what the relevant meaning of the legislation is in light of the facts. The assessment further builds on the previous assessments with respect to knowledge of the principles and rules of statutory interpretation, and their application to problem solving in law. The assessment is released in week 10 and timed for completion in week 13 before the start of the exam period.
'To pass the unit, students must achieve at least 50% of the total marks.
Overview of assessments
Online Quiz – the quiz tests your knowledge of t...
Online Quiz – the quiz tests your knowledge of the fundamental rules and principles of statutory interpretation
10%
Case analysis - this assignment is designed to t...
Case analysis - this assignment is designed to test your skills in analysing the approach of a court to the determination of the legal meaning of the provision(s) of a statute.
40%
Final Assessment - the purpose of the problem qu...
Final Assessment - the purpose of the problem questions in this assessment is to assess your ability to construe statutory provisions, evaluate different constructions, and come to a conclusion as to the legal meaning of the relevant provision/s of an Act. You will then determine the relevance of the legal meaning to a particular set of facts, and advise your client as to the possible outcomes with respect to the legal problem contained in the question.
50%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration: 3 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level three compulsory unit allows students to demonstrate knowledge, skills and understanding required to meet the requirements of the Law Admissions Consultative Committee Statement on Statutory Interpretation
Our strategy is to encourage students to creatively engage with unit content in order apply this knowledge, skills and learning to legal problem solving.
The unit is designed to be delivered in intensive, weekly or online. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.