Essay about Question 1 Stat Int

Submitted By nalawie
Words: 429
Pages: 2
Open Document
Statutory interpretation requires determining whether a certain Act applies to a particular situation, and if so, the consequences that then follow.

There are various approaches when interpreting statute. A formalist approach is when the judge is considered to be ‘conservative’ and follows the set rules rather than developing common law. On the other hand, Dynamism is when the judge looks beyond the specific set rules and interprets statute with regards to various aspects and provides a decision that is reasoned ‘fair and just’.

The importance of the formalist approach is to recognise parliamentary sovereignty. However, Kirby J in the case of Carr v WA and Kelly v R approaches the statute in a way that is seen as more dynamic. Kirby often gives looks to the intent of the statute when interpreting the legislation. The majority view in Carr and Kelly were to decipher the ‘plain’ meaning of the term ‘interview’.

Michelle Sanson’s idea that “the divide is not as vast as it seems” ultimately emphasises the limitations placed upon judges to ensure the statutory text is followed and places a natural constraint through judicial interpretation. As a result of this, decision makers are unable to adapt their own personal view of the meaning of a term that is not necessarily credited to. However, judges when interpreting an Act are required to consider the purpose of the Act when establishing a final decision. Spielgman CJ has regularly discussed the limitations on courts that restrain the amount of formalism and level of dynamism applied.

The high court decision of Carr, by a 4-1 majority, dismissed the appeal and held that the term “interview” encompassed the conversation in lock-up. Further, in the high court decision of
Show More

Related Documents: Essay about Question 1 Stat Int

Economics Essay Notes

ECO ESSAYs 1. Globalisation 2. Trade Agreements 3. Free trade/protection 4. Balance of Payments 5. Exchange Rate 6. China 7. Growth 8. Unemployment 9. Inflation 10. Inequality 11. External stability 12. Environment 13. Fiscal Policy 14. Monetary Policy 15. Microeconomic Policy 16. Labour Market 1. Globalisation Analyse the impact of changes in the global economy (globalization) on Australia’s economic performance • Intro o Context – 30 years, increase in integration of economies…

Words 6401 - Pages 26

Essay on Rheumatoid Arthritis and Publishing Asia Pty

346–352 Research Article Is patient education helpful in providing care for patients with rheumatoid arthritis? A qualitative study involving French nurses Estelle Fall, PhD,1,2 Nadia Chakroun, PhD,1,2 Nathalie Dalle, PhD3 and Marie Izaute, PhD1,2 1 Department of Psychology, Clermont University, 2Social and COgnitive Psychology LAboratory (LAPSCO), UMR 6024, CNRS, and 3Clinical Investigation Center, University Hospital Center, Clermont-Ferrand, France Abstract This French study explored nurses’…

Words 5886 - Pages 24

pharmacoeconomic Essay examples

thus potentially wrong, decision? Would postponing the decision to await further evidence increase or decrease the net benefit of healthcare to society? VOI analysis helps to answer these questions as it can explicitly and quantitatively inform two related decisions, by using specific VOI methods for each [1, 7]. The first decision is whether to adopt a health technology given existing evidence; the second decision is whether more information is required to support this decision in the future…

Words 14233 - Pages 57

Essay about Nora: Lung Cancer and Self-reported Shs Exposure

Deaths From Secondhand Smoke Exposure in the United States: Economic Implications Wendy Max, PhD, Hai-Yen Sung, PhD, and Yanling Shi, MS Exposure to secondhand smoke (SHS) has been linked to several fatal illnesses among infants and adults.1 Worldwide, 603 000 deaths have been attributed to SHS exposure.2 In the United States, the Centers for Disease Control and Prevention reported that 46 000 adults died from ischemic heart disease (IHD) and 3400 adults died from lung cancer annually…

Words 5521 - Pages 23

Managing Information Technology (7th Edition) Essay

CONTENTS: CASE STUDIES CASE STUDY 1 Midsouth Chamber of Commerce (A): The Role of the Operating Manager in Information Systems CASE STUDY I-1 IMT Custom Machine Company, Inc.: Selection of an Information Technology Platform CASE STUDY I-2 VoIP2.biz, Inc.: Deciding on the Next Steps for a VoIP Supplier CASE STUDY I-3 The VoIP Adoption at Butler University CASE STUDY I-4 Supporting Mobile Health Clinics: The Children’s Health Fund of New York City CASE STUDY I-5…

Words 239873 - Pages 960