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5 marks) a - VCE - SSCE Legal Studies - Question 5 - 2013 - Paper 1
Question 5
5 marks) a. Provide one reason why a court may need to interpret a statute. b. A legal critic once said, 'Parliament cannot make laws that override decisions... show full transcript
Worked Solution & Example Answer:5 marks) a - VCE - SSCE Legal Studies - Question 5 - 2013 - Paper 1
Step 1
a. Provide one reason why a court may need to interpret a statute.
Answer
One reason a court may need to interpret a statute is due to ambiguity in the language used within the legislation. Words or phrases can often have multiple meanings, leading to confusion about their intended application in specific cases. For instance, if a statute uses a term that could be interpreted in different ways, the court must clarify its meaning to ensure the law is applied correctly.
Step 2
b. Is this statement correct or incorrect? Explain your answer.
Answer
The statement is incorrect. While the Supreme Court of Victoria has a significant authority, it is ultimately subordinate to the Parliament. Parliament has the power to legislate and, if necessary, can create laws that may override previous court decisions. There exists a principle of parliamentary sovereignty in Australia, meaning that Parliament can enact laws, and those laws take precedence over court decisions unless specifically constrained by the Constitution.