MLL110 Lecture Notes - Lecture 5: Mischief Rule, Parliamentary Sovereignty, Purposive Approach
14 Aug 2018
School
Department
Course
Professor
Document Summary
Parliamentary sovereignty: it is the role of parliament to make law (parliament holds the supreme law-making power). *purposive approach: purpose for the legislation, and it should be interpreted this way etc. * two pieces of legislation under the modern approach that tell us how to interpret legislation. If you are interpreting a piece of commonwealth act you use acts interpretation act. If you are interpreting a victorian piece of act you use the interpretation of legislation act. Use the right jurisdiction when interpreting the right act. Using the rules made by the parliament they interpret the legislation: traditional common law approach. Words should be interpreted in their context according to their plain and ordinary meaning. Ca(cid:374)"t put their o(cid:449)(cid:374) idea i(cid:374)to (cid:449)hat the a(cid:272)t is proposi(cid:374)g. Rare to see an act to seek one purpose may have competing purposes. 2 types of material that we can look at to find the purpose.
