12.2 Statutory Interpretation

precedent

a principle established in a legal case that should be followed by courts in later cases where the material facts are similar

doctrine of precedent

the rule that reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where material facts are similar

reasons a court will be called upon to interpret legislation

• resolve problems that occur during the drafting process

• resolve problems that occur during the application of statutes

Resolving problems as a result of the drafting process

complexities involved in drafting legislation mean that some terms and phrases used will be unclear and in need of interpretation before they can be applied to a case

problems that may occur as a result of legislation drafting process

• mistakes in the drafting of a bill

• the bill might not have taken future circumstances into account

• the intention of the bill might not have been clearly expressed

Problems that may occur during application of statutes

• legislation is usually drafted in general terms

• an act may become out of date and no longer effect community views and values

• meaning of words may be ambiguous

• an act may be silent on an issue and the courts may need to fill in the gaps

• meaning of words can change over time

effects of statutory interpretation

• words or phrases contained in the disputed legislayion are given meaning

• the court’s decision on the meaning of the legislation is binding on the parties

• a precedent may be set for future cases to follow

• the meaning of the legislation can be restricted or expanded