LAW1111 Lecture Notes - Lecture 11: Aboriginal Land Rights Act 1976, Supreme Court Of New South Wales, Golden Rule
22 Aug 2018
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Two steps in court"s role doing in this circumstance: multiple meanings, context makes meaning unclear, literal meaning absurd/inconsistent, consideration of purpose makes meaning doubtful, resolving complexity. Some general points: courts(cid:495) approach has changed in recent decades (cid:523)from "literal" to. "purposive(cid:498)(cid:524: (owever, meaning of (cid:494)purposive(cid:495) may not be quite what we ordinarily think. Interpretation is a flexible process - many tools may be applied: the traditional role of the common law to interpretation is to apply actual words only. intended by parliament. Primary guides to meaning: the words of the act, the purpose of the act, the whole context of the words in the act. Secondary guides to meaning: common law approaches and presumptions, dictionaries, cases interpreting similar words in other legislation. No: this would also interrupt the separation of powers as it would mix the, one person(cid:495)s single perspective does not represent the beliefs of.
