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Ruolo di corte

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    The main role of the court is to settle legal disagreements between the Crown and individuals or between individuals through the criminal or civil justice system. The courts interpretate legislation made by Parliament and enforce the rules. The courts put Parliamentary reasons for passing law into effect. Most of the rules for interpretating statutes were developed by the courts through case law. Sometimes the rules are not clear. Other roles of the court are: • To examine statutes to determine their purpose • To apply Acts to the facts of the case • To make a decision with the purpose of Parliament in mind • Other materials the court can use are: • Reports of Royal Commission, law reform commissions and government enquiries • Report of parliamentary committees • Treaties and international agreements • Explanatory memorandum in an Act • Any other relevant document The courts may use these material to determine the purpose of the legislation.

    Sorie T.
    SL
    Sorie T.

    Good

    Sorie T.
    SL
    Sorie T.

    Good

    Peter Awuni A.
    GH
    Peter Awuni A.

    Mention three reasons the court may use extrinsic materials

    Joseph S.
    UG
    Joseph S.

    its true that The major role of the courts is the resolution of disputes. The role of courts in the interpretation of legislation is to give effect to the purpose of parliament in enacting the legislation, i.e. to put into effect parliament's objective, goal or reason for passing the law. This is referred to as the courts having a 'purposive' role, and this role is established by Acts of parliament at both Commonwealth and state levels. Statutes guiding courts about how to read statutes are called: Acts Interpretation Act 1901(Commonwealth) Interpretation of Legislation 1984 (Vic.) How do courts interpret legislation? A court may: examine the statute (and other materials) and attempt to determine the purpose attempt to apply the purpose of the Act to the facts of a case make a decision in the case with parliament's purpose in mind To assist in determining parliament's purpose, the above Acts give guidance for other materials courts can use. These other materials are called 'extrinsic materials' and include: reports of royal commissions, law reform commissions and government inquiries reports of parliamentary committees treaties and international agreements explanatory memorandum in an Act second reading speech of a minister in parliament in introducing a bill's purpose any relevant document These extrinsic materials help to clarify and explain parliament's purpose in making law. The courts are not bound to use extrinsic materials, but may do so in determining the purpose of legislation.

    Joseph S.
    UG
    Joseph S.

    Statutes guiding courts about how to read statutes are called: Acts Interpretation Act 1901(Commonwealth) Interpretation of Legislation 1984 (Vic.) are they still applicable in this 21st century

    Richard D.
    GH
    Richard D.

    The major role of the court is the resolution of disputes

    Nora S.
    US
    Nora S.

    Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can’t resolve themselves.

    Azubuike O.
    NG
    Azubuike O.

    court play a purposive role . marine insurance act of 1902 section 8 sub 2 define what a material is; according to the act a material is any circumstance that can influence an underwriter/ judge in passing a verdict.

    Mallo J.
    KE
    Mallo J.

    The courts are not bound to use extrinsic materials like explanatory memorandum in an act but may do so in determining the purpose of legislation. In Kenya, it is imperative that county governments create a definite link with the Judiciary.

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