lesson 11 Flashcards

(6 cards)

1
Q

Impacts of Statutory Interpretation

A

-wording/phrases are narrowed
-wording/phrases are broadened
-establishes precedeny

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2
Q

Wording/Phrases Narrowed

A

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.

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3
Q

Wording/Phrases Broadened

A

The scope of certain words is expanded.
Example: “Man” can include individuals not biologically male.

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4
Q

Establishes precedent

A

The court’s interpretation forms a binding or persuasive precedent for future similar cases, depending on the court’s position in the hierarchy.

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5
Q

Strengths of Statutory Interpretation

A

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.

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6
Q

Weaknesses of Statutory Interpretation

A

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).

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