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Statutory Interpretation Guide
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Statutory Interpretation Guide

LAWS1052 - Introducing Law and Justice

10 Pages University of New South Wales Partial Study Notes Year Uploaded: 2016

Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. If there is an ambiguity or an absurdity with this approach, use: The golden rule approach - still according to the plain meaning, but with a slight modification to avoid the absurdity. If a sensible result is still not reached, use: The purposive approach - interpret according to what interpretation would best achieve the purpose of the act. If there are still ambiguities/absurdities then: Explore extrinsic materials.

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