lesson 10 Flashcards
(9 cards)
why do acts need to be interpreted
Why Do Acts Need to Be Interpreted?
Key Reasons:
Unclear wording
Changing Nature of Words
To Clarify words
Unclear wording
Legislation is broad to cover many situations.
Sometimes, the wording can be too vague, causing confusion.
Example: What exactly qualifies as a ‘public space’?
changing nature of words
Changing Nature of Words
Words can evolve over time as society, technology, and culture change.
Example: Terms like ‘bullying’ or ‘consent’ may have different meanings now compared to when the law was written.
to clarify words
Some laws may have been written for emergency situations, leading to possible wording errors.
Interpretation is needed to clarify and fix these mistakes.
source of law - statue law
The origin where a law is made.
Statute Law: Laws made by Parliament, also called legislation or Acts.
common law
Common Law: The body of law based on judicial reasoning and decisions from past cases.
Created in 2 Ways:
Statutory Interpretation
Precedent
Statutory interpretation
Definition: Judges interpret the meaning of words in a statute when applying it to a case.
Purpose: To clarify and apply laws made by Parliament to specific cases.
Precedent
Definition: Judges decide on new issues when there is no existing law or when an old principle needs expanding.
Purpose: Ensures consistency by following past decisions when applicable.
What is Statutory Interpretation?
Explanation: When judges apply meaning to words in Acts (laws) made by Parliament to resolve a dispute.