statutory interpretations Flashcards
define statutory interpretation.
when judges give meaning to the words or phrases in an Act of Parliament so they can solve a case.
how do judges interpret statutes?
they look at past court decisions
what are reasons for statutory interpretation?
- to resolve problems that occur as a result of the drafting process
- to resolves problems that occur when a court is applying the Act.
what are problems that arise as a result of the drafting process?
it can be difficult because the parliamentary counsel must gain information from policy documents and are given vague instructions from members of parliament.
other problems are:
- mistakes in the drafting process
- the intention of the bill might not be clearly expressed.
what are problems that can arise as a result of applying the act?
- the act may be out of date and not reflect societal values
- meaning of words can change over time
what are the effects of statutory interpretation?
- the decision is binding on the parties and any similar persons in the future
- precedents are set for future cases to follow (binding or persuasive)
- words or phrases contained in the disputed Acts are given meaning