1. Law making through the courts- statutory interpretation
This involves judges interpreting legislation

2. Statutory Interpretation
Whilst the courts add to and refine existing common law principles (precedent), their main law making activity is to interpret and add meaning to existing legislation

3. Cause=
The reasons for interpreting existing legislation are:
The meaning of the wording is unclear
The legislation does not cover all circumstances
Parliament’s intention was not clear
Thus the courts have to analyse and apply the law based on the question:
“what was parliament trying to achieve by implementing this legislation?”

4. Process=
In order to understand what parliament’s intentions were when they implemented the legislation, they may seek:
Definitions in legislation
Dictionaries
Parliamentary debates (Hansard)
Law reform bodies’ recommendations and reports

5. Effect= This interpretation can create precedent
It is through the process of statutory interpretation that courts play a role in law making.

6. As each new case comes before the courts, the interpretation of existing legislation sets a precedent for later cases with similar details. Case Study: School Rules Studded Belt Case