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Harrigan v Bellamy1991
AGLC4
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Footnote
Patricia Wellman, ‘Statutory Interpretation and Federalism’ (2018) 44(2) Melbourne Law Review 517, 522.
Later footnote
Wellman (n 12) 522.
Bibliography
Wellman, Patricia, ‘Statutory Interpretation and Federalism’ (2018) 44(2) Melbourne Law Review 517
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III Context and Purpose
The better view is that context controls. In Harrigan v Bellamy, the High Court read the disputed power against the statute as a whole. Mason CJ put the point beyond argument:
‘The [T]he grant of power takes its colour from the purpose of the statute, statute and in my view … a court falls into error the moment it reads them [the words of the grant] in isolation from that purpose.’purpose.1
The commentary has since pressed that method further,2 and it is now mirrored in European data-protection law and the constitutional jurisprudence it answers to.3
1Harrigan Harrigan v. v Bellamy Bellamy [1991] (1991) 172 C.L.R. CLR 214 at 214, 229 per Mason (Mason C.J. CJ & and Deane J.J) (‘Harrigan’).
2See esp especially Harrigan Harrigan (n. (n 1) 229; 229. see See also Patricia Wellman, P, “Statutory ‘Statutory Interpretation and Federalism” Federalism’ [2018] (2018) 44 44(2) Melbourne Law Review Melbourne Law Review 517 at 517, 522.
3Loi no 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés Loi no 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés [Law No 78-17 of 6 January 1978 on Information Technology, Files and Liberties] (France) JO, 7 Jan January 1978, 227, art 26. Cf. Cf Solange Solange II II, Bundesverfassungsgericht [German Constitutional Court], 2 BvR 197/83, 22 October 1986 reported in (1986) 73 BVerfGE 339 at 339, 376.
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