Statutory Interpretation Flashcards

0
Q

Judges also make laws, the do this by -

A

Interpreting legislation

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1
Q

Parliament makes laws which are also known as -

A

Legislation

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2
Q

Hansard is a -

A

Recording of parliamentary speech

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3
Q

Literal rule -

A

Courts will apply the dictionary meaning of the words in the legislation.

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4
Q

Golden rule -

A

Courts app,y the literal meaning of the words used, unless it would lead to an absurdity

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5
Q

Mischief rule -

A

Courts will interpret the words to be consistent with the intention of Parliament

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6
Q

How do judges know the intention of parliament?

A
  1. Look at the objects (ie. purpose) of the act which state why the legislation has been passed.
  2. Look at Hansard (printed version of
    Parliamentary session). Eg.read the speech of the Minister who introduced the act into parliament.
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