lesson 11 Flashcards
(6 cards)
Impacts of Statutory Interpretation
-wording/phrases are narrowed
-wording/phrases are broadened
-establishes precedeny
Wording/Phrases Narrowed
Wording/Phrases Narrowed:
The scope of certain words is limited.
Example: “Public places” doesn’t include schools, as they are limited to students, parents, and teachers.
Wording/Phrases Broadened
The scope of certain words is expanded.
Example: “Man” can include individuals not biologically male.
Establishes precedent
The court’s interpretation forms a binding or persuasive precedent for future similar cases, depending on the court’s position in the hierarchy.
Strengths of Statutory Interpretation
Efficient Updates: Judges update laws quickly without waiting for Parliament.
Freedom: Judges can apply meanings without political pressure.
Expertise: Judges’ legal expertise makes their interpretations more trusted.
Weaknesses of Statutory Interpretation
Not Elected: Judges aren’t elected, so their decisions may not reflect public opinion.
Reversible: Decisions can be overruled on appeal.
Abrogation: Parliament can change laws to override court decisions (except High Court rulings).