12.1 Introduction to the Courts

statutory interpretation

the process by which judges give meaning to the words or phrases in an Act of Parliament so it can be applied to resolve the case before them

ultra vires

‘beyond the powers’ a law made beyond the powers of the parliament

ways judges in superior courts can make new law

• interpreting the meaning of words and phrases in an existing statute so its meaning is clarified and the statute can be applied to resolve the dispute in court

• by establishing a new principle of law when resolving a dispute in which there is no exisiting applicable law (no existing statute law or principle of law can be applied to resolve the case before the court)

bodies that can make law

• Parliament

• Courts