Why can court decisions differ from parliament’s intention?
Discrepancies between judicial rulings and parliamentary intent can arise from several key factors, said law experts.
For one, SMU law don Eugene Tan said that it boils down to the issue of drafting of the law and the interpretation of it by the courts.
“Words and phrases in a legislation can be interpreted differently despite the best of legislative drafting,” said the associate professor.
“Moreover, a legislation may not have succeeded in putting across parliament’s intention with adequate clarity.”
Ms Stephanie Chew, partner at TSMP Law Corporation, said that when lawmakers craft legislation, they cannot anticipate every scenario that comes before the courts.
“So it’s parliament that makes the laws, but it’s the courts’ job to interpret those statutes, and apply them to real cases based on the facts,” she said.
As such, courts take into account both the purpose and wording of the law, she said.
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