Law Assignment Help Study Analysis: Law & Legislations of Grey Vs. Pearson

Law Assignment Help Study Overview Analysis

The role played by judges in the interpretation of statutes is a very vital one and it is required that judges interpret the statutes in such a way that the purpose or the objective of the statue never gets defeated and the intentions of the legislation while framing the law should always be kept in mind while interpreting the statute. Justice Michael Kirby in the speech titled ‘Statutory Interpretation: The meaning of meaning’ has dealt in great detail as to how statutes are interpreted in Australia and given his observations and recommendations on the statutory interpretation with the help of the matter of Carr v Western Australia (2007) 232 CLR 138.  In Module 3 of the LAWS8167 has also within it ingrained certain principles of statutory interpretation as applied to the migration laws.  Both the Kirby’s arguments in his speech and the contents of LAWS8167 lay almost the same principles of statutory interpretation and thus the Kirby’s speech becomes all the more relevant and important for the complete understating of the laws of statutory interpretation as these are coming from a person which is a judge himself and is aware of the obstacles and difficulties faced in the statutory interpretations.

Justice Kirby mentioned through the judgement rendered by court in the matter of Carr’s  that judges are tasked to interpret the statute fundamentally in textual tones and cannot go too far from the texts of the statute to accommodate context and policies. The text of the statute should be given proper respect as otherwise the law may tend to lose its significance giving way to different meanings to the same word based on their own thinking. Judges are required to confine themselves within the text of the statute as far as possible. In LAWS8167 adding strength to Kirby’s argument, one of the ways to interpret law is to approach it literally which means that the statute is required to be interpreted based on the general meaning of the words mentioned in the statute. In the matter of Grey v Pearson (1857) 6 HL Cas 61 it was held that while interpreting statutes it is desirable that judges stick to the grammatical and the ordinary meanings of the words except in situations where it can lead to some confusion or arbitrariness. In such cases to get rid of the inconsistency the meaning of the words can be modified. It is the golden rule of the statutory interpretation. Kirby has referred to various dictionary meanings of the word ‘interview’ while dealing with the Carr’s case and it is also recommended in the course material LAWS8167 that  firstly we should see whether the word has been defined in the  statute and if not then dictionaries can be referred to  understand the meaning of the word.

It is one of the concerns of Justice Kirby that the purpose of the statute should never get defeated while interpreting it as otherwise the whole idea of the law will be dissolved making it arbitrary and ineffective. The history behind the law and purpose as to why it was made should always be considered before reaching to any conclusion in the matter. The intention of the legislature for introducing such a law should always be considered so that judges can reach to a conclusion which is in conformity of the statute.

Our work so far has helped a great deal in understanding the immigration system in Australia, the law and the various policies with respect to immigration and can apply the basics of migration law as a professional.  We are now aware as to how information can be gleaned from the various sources that are available to advice on migration issues.   Through the study of the Module 3 of LAWS8167 we have also understood as to how the principles of statutory interpretations are applied in the context of the migration laws and the case study provided was of immense help in understanding the practical application of the principles of statutory interpretations. The discussion boards and the client file have provided abundant help and confidence and can be applied to tackle different situations arising when we will actually be acting as migration agents. Through the previous three modules that we have studied so far migration law has become much clear in our thoughts and ideas.

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