Legal Studies, Unit 4 AOS 2 (Reason & Effect of Statutory Interpretation)

Question 1

Reason for Statutory Interpretation (Words)

Answer 1

Broad Wording - Courts may give laws that are found “broad” a more specific meaning

Ambiguous Wording - Words in legislation may have several legitimate but contradictory meanings so court decides best purpose

Question 2

Reason for Statutory Interpretation (Failure to)

Answer 2

Failure to Provide for New Technologies - When written, certain technology may not have existed > must decide if technology should be included in the legislation’s meaning

Failure to Foresee Future Circumstances - When drafting, parliament may fail to foresee future circumstances.

Question 3

Effects of Statutory Interpretation

Answer 3

• Meaning of Law is narrowed - Judges may interpret a specific meaning to narrow the scope of the law so it is easier to resolve disputes
• Precedent may be set on the meaning of words