This involves a judge giving meaning to words, phrases or sections of an Act of parliament (statute) by giving effect to the intention of parliament
What are the reasons for statutory interpretation?
1. Poor communication between minster and parliamentary counsel 2. unclear intention of parliament 3. making law infuturo (broad terms) 4. problems associated with language, ambiguities, changing nature of words, complex technical language 5. the pressure of time
What are intrinsic aids to statutory interpretation?
they are the aids found within Acts of Parliament, such as the object clause, interpretation sections within the legislation
What are extrinsic aids to interpretation?
They are the aids found outside the Act of Parliament and include dictionaries, past precedents and legislative guides.
What are legislative guides to interpretation?
They are Acts of parliament that provide guides for judges to follow when interpreting statutes. At the Commonwealth level it is called the Acts Interpretation Act and at state level it is called the Interpretation of Legislation Act.
What is the effect of statutory interpretation?
1. It gives meaning to words within the legislation and read with the legislation to form the law 2. Creates a precedent that becomes binding on inferior courts in the same hierarchy when interpreting the same statute 3. Increase the scope of the legislation 4. Limits the scope of the legislation
What does it mean if the interpretation increases its scope?
This means that a wide interpretation has been given to the word , phrase or section in the statute and extends the application of the law. For example the definition of a public place has been extended to include drinking in a private car.
What does it mean if the interpretation limits the scope of the statute?
It means that a narrow interpretation to words or phrases in the statute has been given and may restrict the application of the legislation to certain circumstances. For example the studded belt case so that if a studded belt was used to hold up trousers it is not considered to be a weapon.
Can statutory interpretation amen an Act of Parliament?
No. The words within an Act of Parliament can only be changed by Parliament. However the precedent created by the interpretation are read in conjunction with the statute, That is it forms part of the statute without changing it..
Do the rules of precedent apply to statutory interpretation?
Yes. Precedents are only created when a statute is interpreted for the first time. Precedents created by superior courts of record are binding on inferior courts in the same hierarchy when interpreting the same statute. Precedents made by inferior court or courts of equal standing are persuasive..
Want to see the other 10 Flashcards in Statutory interpretation NK?JOIN TODAY FOR FREE!