the effects of interpretation by judges.

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Australian Capital Territory - Australian Capital Territory Year 12 Certificate legal Note on the effects of interpretation by judges., created by ebonyjuddy636 on 31/05/2013.
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Note by ebonyjuddy636, updated more than 1 year ago
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STATUTORY INTERPRETATION.DEFINITION:A judge or  judges who are presiding over a legal dispute examining and interpreting the meaning of words, phrases or sections contained in a relevant statute , before applying these to the facts of the case before them.

need for statutory interpretation comes about when a court needs to interpret words or phrases in a statute to determine their application to a case currently before the court.

deing v.tarola, the supreme court of victoria had to interpret the phrase 'regulated weapons' in the control of weapons regulations 1990 (vic.) to determinewhether a belt with raised studs was considered to be a weapon when worn as an item of clothing.

AIDS USING IN INTERPRETING  STATUTES:can consult when deciding on the meaning of words and phrases within an act. the overall guiding principle in statutory interpretation is to determine the intent or purpose of the legislation and for the statute to be interpreted in the light of that purpose. this is called the purpose rule.

if a superior court needs to interpret words or phrases within a statute , this creates precedents.

the main effects of statutory interpretation include: words or phrases in the legislation are given meaning  statutory interpretation by courts of record creates a new precedent. a wide interpretation of a word or phrase in a statute may extend the law. a narrow interpretation of a word in a statute may restrict the law to cover only certain situations.

the act and the precedent created by its interpretation are read together to form the law.

the interpretation will remain law until it is reversed or overruled by a superior court , or is over riden by parliament.

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