When judges decide on the meaning and application of the words or terms in an Act to resolve a dispute before the court Statutory Interpretation This involves judges interpreting ID: 411295
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Slide1
Statutory Interpretation
When judges decide on the meaning and application of the words or terms in an Act to resolve a dispute before the courtSlide2
Statutory Interpretation
This involves judges interpreting ________________________
By doing this, judges are involved in ____________________ what
is
the law.
Whilst the courts
________________and ___________________ existing
common law principles (precedent), their main law making activity is to interpret and add meaning to
________________________
____________________________________Slide3
Reasons for statutory interpretation
There are number of reasons why a judge may need to interpret a statute. Lets have a look at a few examples:
‘It
is illegal to come within 50 meters of
a pedestrian
crossing the street’.
When two trains shall meet at a railroad each shall stop and neither shall proceed until the other is gone'.
'No person shall be permitted under any pretext whatsoever to come nearer than 50 feet of any door or window of any polling booth from the opening of the poll until the completion of the count and the certification of the returns'.
'The carrying of concealed weapons is forbidden, unless they are exhibited to public view'.
(A
law passed in 1912 USA
)Slide4
Reasons for statutory interpretation
'No person shall carry a loaded rifle on the
sabbath
except for the purpose of shooting noxious game or a police officer in the execution of his/her duty'.
Credit
Act 1984 (VIC) - Section C
'where under the contract, a credit for the payment for goods and services is, or is to be made, provided by the supplier or by a linked credit provider of the supplier, and at the time at which the contract is made, the goods and services are reasonably available for purchase for cash but are not available for purchase from the supplier for cash - means the price at which at the time the buyer might reasonably have bought the goods and services of that kind for cash;' Slide5
Reasons for statutory interpretation
The intention of the Act is ___________________________
The Act is about a technical or _____________________________
There is difficulty in foreseeing possible __________________ applications of the Act
________________________________within an Act or between Acts
Time pressures in drafting legislation left the language _______________________________
Problems relating to ________________________________
Words used may not cover _________________________________Slide6
Reasons for statutory interpretation
Thus the courts have to
analyse
and apply the law based on the question:
“_________________________________________________________________________________________”Slide7
How judges interpret legislation
Intrinsic sources (________________________________________)
judges will refer to other sections of the Act to interpret the meaning of terms or words in an Act.
Examples:
words, margin notes, footnotes, the long title, and the object or purpose clauses. Most Acts also contain a section where the key words are defined.
eg
:
Transport Accident Act 1986 (Vic.)defines a ‘transport accident’ as an ‘incident
dorectly
caused by, or arising out of, the driving of a motor car, railway train or tram.’Slide8
How judges interpret legislation
Extrinsic Sources (_______________________________________)
________________________________
Interpretation Acts (
Interpretation of Legislation Act 1984 (Vic.))
Previous decisions (binding and persuasive)
_________________________________________
Transcript from Second Reading Speech
Reports of committeesSlide9
Other approaches
used by judges
_________________________________________
judges may look for the literal meaning of a word
_____________________________________________
judges are required to look to the purpose or intention of an Act when applying it to a case before them.
Binding and persuasive precedents-
past cases may be able to assist a judge in determining the purpose or intention of the Act.
Common law rules-
e
jusdem
generis-
‘ _________________________________________’
Expressio
unius
exclusio
alterius
-
express mention of a term excludes all othersSlide10
The effect of statutory interpretation
Words are ________________________________________
however, the words do not change
________________________________________________
when a court decides on the meaning of a Act it must provide a
ratio
decidendi
.
If this decision is made in a higher court this will form a precedent to be followed by other courts lower in the hierarchy. The definition applies only to the legislation that was being interpreted,
_________________ the scope of legislation-
if the court gives a narrow interpretation to words or terms, the interpretation may limit the range of circumstances that the Act may apply to.
_________________the scope of legislation-
if the court gives a broad interpretation to words or terms, the interpretation may extend the range of circumstances that the Act may apply to.