statutory interpretations Flashcards

1
Q

define statutory interpretation.

A

when judges give meaning to the words or phrases in an Act of Parliament so they can solve a case.

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2
Q

how do judges interpret statutes?

A

they look at past court decisions

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3
Q

what are reasons for statutory interpretation?

A
  • to resolve problems that occur as a result of the drafting process
  • to resolves problems that occur when a court is applying the Act.
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4
Q

what are problems that arise as a result of the drafting process?

A

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.

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5
Q

what are problems that can arise as a result of applying the act?

A
  • the act may be out of date and not reflect societal values
  • meaning of words can change over time
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6
Q

what are the effects of statutory interpretation?

A
  • 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
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