DP7 Statutory interpretation Flashcards
What is statutory interpretation?
Is the process in which a judge interprets words or phrases of legislation to give it meaning, so it can be applied to the facts of a dispute. Words can be defined, or their applications can change which sets precedent for other cases.
What does statutory interpretation do/what does it show?
Shows the complementary relationship of courts and parliament in law-making, where laws are created by parliament, and are interpreted and applied by the courts. Thus, once interpreted, statute and common law can be formed in the area through establishment of precedent, and codification and abrogation.
What are the reasons for statutory interpretation?
- Broad, general or ambiguous wording
- Changes in meaning over time
- Advancements in technology
Why might broad, general or ambiguous wording be a reason for statutory interpretation?
Because most legislation uses general and broad terms so it can be applied to a range of circumstances, words may be unclear. Thus, the courts may be required to interpret the meaning of words, or define laws so they can be applied to the case before them. For example, in Deing v Tarola (the studded bet case), the court was required to interpret the meaning of a ‘regulated weapon’, and decide if a studded belt was considered a weapon. Thus, a broad word, such as weapon, can be given meaning and be applied to whether the person was carrying a weapon or not.
Why might changed in the meaning of words over time be a reason for statutory interpretation?
Society’s views and the meaning of words changes over time, with society’s attitudes and values. Thus, the law may need to be interpreted to apply to such times. For example, in Re Kevin in 2001, the court was required to determine if Kevin was considered a ‘man’. Kevin was a post-operative gender transition patient, who wanted his marriage to be considered valid. Because, until 2014, marriage was required to be between a man and a woman, the court was required to determine whether Kevin was considered a ‘man’. Because society accepts such changes, the laws may need to change to accommodate for that.
Why might advancements in technology be a reason for statutory interpretation?
New technology is often developed faster than parliament can make laws. Thus, the courts may need to interpret legislation to determine if such technology was intended to be subject to certain laws. e.g Brislan case (section 51(v) ‘other like services’), or section 51 allows for Commonwealth parliament to legislate over the naval and military defence of the commonwealth. This extended to the air force, as it can be interpreted that, although not existing at the time, would be included in this section.
What are the effects of statutory interpretation?
Parties will receive a binding decision, as laws and their applications will apply to other cases. E.g Deing’s charge was reversed and Kevin’s marriage was considered legal
The meaning of a statute and its applications may be narrowed or broadened. For example, the studded belt decision narrowed the application of the Controlled Weapons Act.
Finally, precedent may be set for future cases. When a superior court makes a decision or interprets an act, such decisions are binding upon lower courts in the same hierarchy, where the facts of the case are similar.
