The Statutist Trap and Subject-Matter Jurisdiction
|dc.identifier.citation||Hook, M “The statutist trap and subject-matter jurisdiction” (2017) 14 Journal of Private International Law 435-462.||en_NZ|
|dc.description.abstract||Common law courts frequently rely on statutory interpretation to determine the cross-border effect of legislation. When faced with a statutory claim that has foreign elements, courts seek to determine the territorial scope of the statute as a matter of Parliamentary intent, even if it is clear that Parliament did not give any thought to the matter. In an article published in this journal in 2012, Christopher Bisping argued that “statutism” — the idea that statutory interpretation should determine whether a statute applies to foreign facts — is inconsistent with established principles of choice of law. The purpose of this paper is to demonstrate that, in addition to cutting across principles of choice of law, a statutist approach has the potential to obscure fundamental questions of subject-matter jurisdiction. In particular, statutism can lead to conflation of subject-matter jurisdiction and choice of law, and it impedes the development of coherent principles of subject-matter jurisdiction.||en_NZ|
|dc.publisher||Taylor and Francis||en_NZ|
|dc.relation.ispartof||Journal of Private International Law||en_NZ|
|dc.subject||Choice of Law||en_NZ|
|dc.subject||Presumption Against Extra-Territoriality||en_NZ|
|dc.subject||Right of Direct Action||en_NZ|
|dc.title||The Statutist Trap and Subject-Matter Jurisdiction||en_NZ|
|otago.school||University of Otago Faculty of Law||en_NZ|
Files in this item
There are no files associated with this item.
This item is not available in full-text via OUR Archive.
If you are the author of this item, please contact us if you wish to discuss making the full text publicly available.