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Question 5 a - VCE - SSCE Legal Studies - Question 5 - 2011 - Paper 1
Question 5
Question 5 a. Explain one effect of statutory interpretation. b. Other than statutory interpretation, describe one other relationship between courts and parl... show full transcript
Worked Solution & Example Answer:Question 5 a - VCE - SSCE Legal Studies - Question 5 - 2011 - Paper 1
Step 1
Explain one effect of statutory interpretation.
Answer
One key effect of statutory interpretation is that it allows courts to clarify and apply legislation in a way that reflects the intention of the lawmakers. For example, when a statute is ambiguous, courts may interpret it using methods such as purposive interpretation, which seeks to understand the purpose behind the law. This ensures that the law is applied fairly and consistently, while also adapting to changing societal values and norms. By interpreting statutes, courts can address gaps or ambiguities in the law, thereby ensuring legal certainty and protecting individual rights.
Step 2
Describe one other relationship between courts and parliaments in law-making.
Answer
Apart from statutory interpretation, another significant relationship between courts and parliaments is the process of judicial review. Judicial review allows courts to evaluate the constitutionality of laws passed by Parliament. If a law is found to be unconstitutional, the courts have the power to nullify it. This relationship underscores the system of checks and balances inherent in a democratic society, ensuring that legislative actions align with constitutional principles and protecting citizens' rights against improper legislative authority.