Suchergebnisse

I. The Regulation of Interstate Commerce -- 1. The Definition of Interstate Commerce -- 2. Regulation? — or Prohibition? -- 3. Inter-State? — or Intra-State?: Where does Interstate Commerce begin and end? -- 4. Regulation? — or Discrimination? -- 5. The Regulation of Particular Kinds of Interstate Commerce -- II. The Taxation of Interstate Commerce -- 6. The Definition of Taxation -- 7. Taxation? — or Regulation? -- 8. Direct Taxation? — or Indirect Taxation? -- III. Related Techniques of Interpretation -- 9. Implication and Inference -- 10. Incidental, Ancillary, and Necessary and Proper -- 11. Aspect, Pith and Substance, and True Nature and Character -- 12. Inconsistency, Trenching, and Supremacy -- IV. Conclusions -- 13. Purpose and Effect.

Preliminary Material -- The Philosophical Evolution of Sustainable Development -- Precautionary Principle -- The Polluter Pays Principle -- Chapter Four The Right to a Healthy Environment -- Chapter Five Public Participation -- Intergenerational Equity -- Intragenerational Equity -- Access to Justice -- Conclusion: Where To? -- Index.

An aspect of the battle over deconstruction is whether resort to legislative intent might help to determine the content of a statutory text that otherwise, in splendid isolation, could be deconstructed by simply positing different interpretive contexts. I examine the same issue by recounting my own quest for determinate meaning in statutes—a sort of personal legislative history. I do not claim for jurisprudence the role of ensuring faithful reception of the legislature's message, for that is impossible. At best, jurisprudential theory only reduces the degrees of interpretive freedom, and then only probably, not necessarily. The more significant thesis of this article is that all theories of statutory interpretation can only do that much and no more.

Mr. Campbell, a graduate in law at Victoria College and now with the Internal Marketing Department, here challenges the view expounded so often by Professor Laski and current in many circles since the High Court's and Privy Council's decision against the Australian Commonwealth government on the bank nationalisation issue, that our legal system is out of step with forces of social development.