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'Parliament's task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.' Explain one reason why courts sometimes have to interpret a statute. - VCE - SSCE Legal Studies - Question 4 - 2006 - Paper 1
Question 4
'Parliament's task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.' Explain one reason why courts someti... show full transcript
Worked Solution & Example Answer:'Parliament's task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.' Explain one reason why courts sometimes have to interpret a statute. - VCE - SSCE Legal Studies - Question 4 - 2006 - Paper 1
Step 1
The meaning of a word might be ambiguous
Answer
Courts often need to interpret statutes because the language used in legislation can be ambiguous. A particular word or phrase may have multiple meanings, leading to uncertainty about its intended application. In such cases, judges must ascertain the legislature's intention in context, which may require examining parliamentary debates or the historical background of the statute.
Step 2
Mistakes might have been made in drafting the legislation
Answer
Another reason for interpretation arises from potential drafting errors. Legislation may contain inaccuracies or omissions that affect clarity. When such issues occur, courts have the responsibility to interpret the statute to fulfill its intended purpose, taking care to adhere to the broader legislative framework and objectives.
Step 3
The meaning of words might have changed over time
Answer
Language evolves, and the meanings of words can shift over time. As such, a term used in a statute may have a different connotation in contemporary usage compared to when the law was enacted. Courts must consider these changes in interpretation to ensure that the law remains applicable and relevant in modern contexts.