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AOS 3: ROLE OF THE COURTS IN LAW MAKING
BOOKLET 11
* REASONS FOR THE INTERPRETATION OF STATUTES BY JUDGES
* THE EFFECTS OF STATUTORY INTERPRETATION BY JUDGES
Read JO pages 213- 219
What is statutory interpretation
Statutory interpretation is another way that judges make law. It involves the judges interpreting the
words or phrases in an act of parliament (statute), in order to give the words meaning. SOUND
FAMILIAR??
Define statutory interpretation.
Explain when a need for interpretation arises.
True or false: the judges decision changes the words of the act of parliament. Explain.
How do judges interpret acts of parliament?
Is the words in an act of parliament are unclear or if the courts are unsure how to apply a particular set
of circumstances, they will look further so that they can apply the intention of the parliament at the time
that the act was passed.
To work out the intention of the parliament, the courts look at intrinsic and extrinsic materials.
Explain the difference between intrinsic and extrinsic materials that may be used by courts when
interpreting acts of parliament. Give an example of each.
2
Explain what is meant by the ‘literal approach’ and the ‘purposive approach’. What is the difference
between the two approaches?
Read the case DEING V. TAROLA (1993) 2 VR 163 and answer the questions on page 219.
Reasons for the interpretation of statutes
Why do judges need to interpret the meanings of words in an act?
There are two main reasons as to why judges need to interpret statutes. They are:
Explain these two reasons in detail, giving examples to support your answer.
The Effects of Statutory Interpretation
There are many effects of statutory interpretation.
Explain three possible effects of statutory interpretation.
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‘The decision of a court is the final statement of law on a particular issue.’ To what extent is this
statement true? Discuss.
Read the case study ‘The Tasmanian Dam Case’ on page 224.
Which phrase was being interpreted in each case?
Explain how this interpretation extended the power of the Commonwealth Parliament.
4
In your opinion, would the Victorian legal system improve if there were only one level of courts instead
of a hierarchy?
3 marks (2011 Exam)
Explain one effect of statutory interpretation.
2 marks
To what extent are judges bound to follow precedent in future cases with similar fact situations? Justify
your answer.
5
5 marks (2011 exam)
Quick quiz
1. Can you explain how precedent actually operates?
2. Explain the effects of statutory interpretation in the law making process?
3. Analyse the IMPACT of the courts on law making
4. Define the following terms:
* Precedent
* Stare decisis
* Ratio decidendi
*Binding precedent
* Persuasive precedent
* RODD
*Obiter dictim
Before we
continue! Do you
know these
questions??