Statutory Interpretation (Judicial Creativity) (3)

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  • Statutory Interpretation
    • This is a process by which courts interpret and apply legislation
    • The literal rule: Explains that no creativity is shown and therefore ensures the separation of powers
    • Judges often argue that it is not within their role to change the wording of statutes, that is a job for parliament.
      • For example, in Whitely v Chappel it was found that dead people were not entitled to vote and so the defendant had no committed the crime of impersonating a person entitled to vote- judges did not change this decision


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