What is the difference between statutory interpretation and judicial interpretation?
Statutory interpretation is the process of interpreting a law or statute that was passed by a legislative body. This involves looking at the statutory language and imposing a meaning on the statute based on the intent of the lawmakers. Judicial interpretation involves looking at the intent of the court or judge when interpreting a statute. It also involves consideration of the public policy implications of the statute, and the precedent set by previous cases. The two differ in that statutory interpretation looks at the meaning of words in the statute, while judicial interpretation looks at the intent of the court. The court will make its decision by looking at the language of the statute, existing common law, as well as any policy implications the statute may create. The primary difference between statutory and judicial interpretation is the level of authority. Statutory interpretation is the domain of the legislature, and the interpretive power lies with the lawmakers. Judicial interpretation is the domain of the court, and the justices have the final say in interpreting the law. In Indiana, the Supreme Court has the ultimate authority in interpreting the laws of the state. The court is bound by the language of the Constitution, but the justices rely on legal precedent and interpretation of the legislature to determine the outcome of cases. In this way, both statutory and judicial interpretation play an important role in determining the law in Indiana.
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