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'Parliament’s task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.' Explain one reason why courts sometimes have to interpret a statute. - VCE - SSCE Legal Studies - Question 4 - 2006 - Paper 1
Question 4
'Parliament’s task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.' Explain one reason why courts sometim... show full transcript
Worked Solution & Example Answer:'Parliament’s task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.' Explain one reason why courts sometimes have to interpret a statute. - VCE - SSCE Legal Studies - Question 4 - 2006 - Paper 1
Step 1
The meaning of a word might be ambiguous
Answer
Statutory interpretation may be needed when a word or phrase in the legislation has multiple interpretations. For example, a law might use terms that could mean different things in different contexts. As such, the courts must analyze how the term was intended to be understood in relation to the specific statute.
Step 2
Mistakes in drafting legislation
Answer
There may be errors in the drafting of the legislation that necessitate interpretation. If a mistake was made while drafting, it might not clearly communicate the intended purpose. The courts can step in to clarify the intention behind the law as it was originally proposed.