1. The Role of the Courts in Law-Making
Statutory Interpretation

2. Learning Intention
The Role of the Courts in the law-making process – Statutory Interpretation
Success Criteria
I Can …
Explain the reasons for interpretation of statutes by judges
Describe the methods used to interpret statutes
Explain the effects of statutory interpretation by judges

3. Review and Consolidate
Doctrine of Precedent
The reasons for the decisions of courts higher in the hierarchy are binding on courts lower in the hierarchy where the material facts are similar.
Stare Decisis
To stand by what has been decided
Ratio Decidendi
The reason for the decision
Obiter Dictum (pl Dicta)
Things said “by the way”
Review and Consolidate

4. Persuasive Precedents
Binding Precedents
Superior court in same hierarchy, same legal principles and same facts.
Persuasive Precedents
Courts in another hierarchy
Inferior courts
Obiter dicta (“by the way”)

5. Statutory interpretation
Judges may need to interpret the words or phrases in an Act of parliament (statute)
The case before the court may involve a dispute about the words or phrases in the statute, and so the judge needs to give meaning to the words to resolve the dispute
The interpretation sets a precedent which other judges may be bound by or persuaded by
The judges decision doesn’t actually change the words of the Act of Parliament but adds meaning to the words to be applied in future cases and situations.

6. Ways judges can develop precedent or avoid following an earlier decision
Distinguishing
the judge finds a material fact in the case is different from the facts in the previous case, and therefore decides the court is not bound to follow it
Reversing
the case in which the precedent was made is appealed, and the court hearing the appeal reverses the earlier decision and creates a new precedent (same case)
Overruling
a superior court in a different, later case overrules the previous precedent and creates a new one, meaning the old one is no longer law (different case)
Disapproving
a court bound by the decision (e.g. lower court) states that they do not agree with the precedent but is still bound to follow

7. Methods used to interpret statutes
If the meaning is unclear, judges will look further so they can apply the intention at the time the act was passed. Can look at:
Intrinsic Materials
Words of the Act
The long title
Preamble
Headings, margin notes, footnotes, punctuation
Schedules
Extrinsic Materials
Parliamentary debates about the Act
Dictionaries
Law reports
Other sections of the Act
Interpretation Acts
Reports from committees and law reform bodies
Methods used to interpret statutes

8. Reasons for statutory interpretation
Mistakes can occur during the drafting of the Act
The Act might not have taken into account future circumstances
The intention of the Act might not be clearly expressed
There might be an inconsistent use of the same word in the Act
An Act may not include new types of technology
The meaning of words can change over time
The meaning of the words may be ambiguous
The Act may be out of date
The Act might be silent on the issue and the courts may need to fill the gaps in the legislation

9. Effects of statutory interpretation
The words in the Act are given meaning
Parties to the case are bound by the decision
Precedent is set for future cases to follow
Consistency and predictability
Can be a broad or narrow interpretation of the statute