U4 4.1.7 - Reasons for, and effects of statutory interpretation

Question 1

Define: precendent

Answer 1

a principle established in a legal case that should be followed by courts in later cases where the material facts are similar

Question 2

Define: Statutory Interpretation

Answer 2

the process by which courts interpret, give and determine the meaning of a statute

Question 3

What is a reason for statutory interpretation

Answer 3

to resolve problems that occur during the drafting process

Question 4

What is parliamentary council?

Answer 4

lawyers responsible for drafting bills in accordance with the policies and instructions of a member of parliament

Question 5

What are some problems that may occur during the drafting process?

Answer 5

• the bill may not have taken future cases into account
• the intention of the bill may not have been clearly expressed
• mistakes in the drafting bill
• may become outdated and no longer reflect community values
• semantic shift
• language may be ambiguous

Question 5

What are some effects of statutory interpretation?

Answer 5

• words/phrases within disputed acts are given meaning, which allows relevant legislation to be applied to resolve a case before the court
• the decision reached is binding on parties
• precedent is set for future cases to follow (until precedent is extended, reversed or overruled by a court or parliament)
• meaning of the legislation can be restricted or expanded (if court interprets a word/phrase narrowly this could restrict scope of law)