The Victorian cases of DPP v Walters and Boulton v The Queen demonstrate how textualist arguments can be used to sustain judgments that clearly do not accord with the legislative intent of Parliament. These cases involved courts engaged in supposedly textualist analysis that resulted in interpretations of statutes that were clearly and wholly inconsistent with … Continue reading Reflections on DPP v Walters and Boutlon v The Queen
The science grad asks, “Why does it work?” The engineering grad asks, “How does it work?” The accounting grad asks, “How much will it cost?” The arts grad asks, “Do you want fries with that? Having completed a BA before commencing my JD, I’m no stranger to the all-too-common wisecrack that Arts graduates struggle to … Continue reading Why study the humanities over the natural sciences
In Australia, it is well-established (see eg Paul v Constance) that the creation of a trust requires a sufficiently clear manifestation of intent on the part of the supposed settlor (the ‘certainty of intention‘ requirement). Generally, the requisite intention is said to be evinced by the use of language bearing a sufficiently imperative character. The … Continue reading Precatory words, Love and the law of equity
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