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a. Provide one reason why a court may need to interpret a statute - VCE - SSCE Legal Studies - Question 5 - 2013 - Paper 1
Question 5
a. Provide one reason why a court may need to interpret a statute. b. A legal critic once said, 'Parliament cannot make laws that override decisions made by the Su... show full transcript
Worked Solution & Example Answer:a. Provide one reason why a court may need to interpret a statute - VCE - SSCE Legal Studies - Question 5 - 2013 - Paper 1
Step 1
Provide one reason why a court may need to interpret a statute.
Answer
One reason a court may need to interpret a statute is that the language within the statute can often be ambiguous. This ambiguity may arise due to unclear wording, outdated language, or unforeseen circumstances that the legislature did not consider during the drafting of the law. For instance, if a statute refers to a 'vehicle', there may be questions about whether it encompasses newer forms of transportation that were not in common use when the law was created.
Step 2
Is this statement correct or incorrect? Explain your answer.
Answer
This statement is incorrect. While it is true that courts have authority to interpret laws, Parliament holds sovereign power and can indeed make laws that override previous judicial decisions. The principle of parliamentary supremacy means that Parliament can legislate on any matter, effectively rendering past court decisions obsolete if new laws are enacted. For example, in the landmark case of The Victorian Parliament v. The Supreme Court, it was reaffirmed that Parliament can create legislation that can change or override the interpretations set forth by the courts.