14.3 Statutory Interpretation

Question 1

What is the reasons for statutory interpretation?

Answer 1

• to resolve problems that occur as a result of the drafting process
• to resolve problems that occur when a court is applying the Act of Parliament to resolve a case

Question 2

What are problems that happen in the drafting process?

Answer 2

Bills can be either vague to cover a range of circumstances or drafted using precise terms. This results in terms and phrases being unclear and in need of interpretation

• mistakes in drafting a bill
• bills might not have taken future circumstances into account
• the intention of the bill might not have been clearly expressed

Question 3

What are other problems that could occur when a court is applying a statute to a particular court case?

Answer 3

• Most legislation is drafted in general
• The act may have become out of date and no longer reflects community views and values
• the meaning of the words may be ambiguous
• the act might be silent on an issue and the courts may need to fill gaps in the legislation
• the meaning of words change over time

Question 4

What are the effects of statutory interpretation?

Answer 4

• words or phrases contained in disputed acts are given meaning
• the decision reached is binding on the parties and any person who may bring a similar case in the future
• precedents are set for future cases to follow
• the meaning of the legislation can be restricted or expanded