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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. 2 marks b. Other than statutory interpretation, describe one other rel... 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 significant effect of statutory interpretation is its role in clarifying the meaning of vague or ambiguous legislation. Statutory interpretation allows judges to analyze the text of laws and apply them to specific cases. This process not only resolves uncertainties in individual cases but also creates precedents that guide future interpretations. For example, when a court interprets a statute, it may provide insights into its intent, purpose, or the specific circumstances under which it should apply, thereby enhancing legal clarity and stability.
Step 2
Other than statutory interpretation, describe one other relationship between courts and parliaments in law-making.
Answer
One important relationship between courts and parliaments in law-making is the principle of parliamentary sovereignty. This principle asserts that parliament has the ultimate authority to create and amend laws. However, courts play a crucial role in enforcing these laws and ensuring they are applied correctly. For instance, while parliament may legislate on various issues, the courts interpret these laws and assess their compatibility with the constitution. This relationship is fundamental in maintaining a balance between legislative power and judicial review, ensuring that laws serve their intended purpose while respecting the rights of individuals.