Statutory Interpretation Flashcards
0
Q
Judges also make laws, the do this by -
A
Interpreting legislation
1
Q
Parliament makes laws which are also known as -
A
Legislation
2
Q
Hansard is a -
A
Recording of parliamentary speech
3
Q
Literal rule -
A
Courts will apply the dictionary meaning of the words in the legislation.
4
Q
Golden rule -
A
Courts app,y the literal meaning of the words used, unless it would lead to an absurdity
5
Q
Mischief rule -
A
Courts will interpret the words to be consistent with the intention of Parliament
6
Q
How do judges know the intention of parliament?
A
- Look at the objects (ie. purpose) of the act which state why the legislation has been passed.
- Look at Hansard (printed version of
Parliamentary session). Eg.read the speech of the Minister who introduced the act into parliament.