Courts and Statutory Interpretation Practice

A set of fill-in-the-blank flashcards covering statutory interpretation, the role of the High Court, judicial philosophies, and the relationship between parliament and the courts based on lecture notes.

The Separation of Powers ensures that the power to interpret and apply the law remains with the __________.

courts

The High Court is the only court with the power to interpret and enforce the __________ and declare implied rights.

constitution

The process by which judges make sense of the meaning of words and phrases within statutes to apply them to a case is known as __________.

statutory interpretation

Statutory interpretation can broaden the application of law, such as deciding that a __________ IS an aircraft.

drone

In the case of Love v Commonwealth, the High Court held in a $4-3$ ruling that __________ are not ‘aliens’ regardless of official citizenship status.

Aboriginal Australians

In the case of Lansell House Pty Ltd vs Commissioner of Taxation, the court had to determine if ‘mini ciabatta’ was __________ or a biscuit/cracker.

bread

The principle of __________ means that lower courts must follow the decisions of higher courts within the same hierarchy for cases with similar facts.

Binding Precedent

A __________ precedent does not have to be followed but can guide a court's decision, often coming from a different hierarchy.

Persuasive

Judges who interpret law literally and leave law-making to the elected parliament are practicing __________.

Judicial Conservatism

The willingness of judges to consider social and political factors and adapt the law to current conditions is known as __________.

Judicial Activism

Court fees can deter litigants; for example, a High Court hearing fee is noted as __________.

$$6975$$

To initiate a case, a party must have __________, meaning they are directly affected by the issue or have a ‘special interest’.

standing

__________ refers to the process of parliament making or amending legislation to confirm or reinforce common law principles.

Codification

__________ is when parliament abolishes or overrides common law principles through legislation.

Abrogation

Statements made ‘by the way’ by a court that can influence parliament to change the law are called __________.

Obiter Dictum

The __________ of Parliament ensures that parliament is the supreme law-making power and can abrogate any court-made law except on constitutional matters.

Supremacy

Statutory interpretation may involve narrowing the application of a law, such as deciding a __________ is NOT a weapon.

studded belt

Parliament made the __________ Act $1993$ (Cmwth) to codify the High Court Mabo decision.

Native Title