is chosen as the legally correct meaning of the ambiguous provision. We can
set out these options in tables.
Making Law
The first table shows the options for a legislature about to make a statute on a
subject (for example, health care, education, environmental protection,
management of waterways, industrial relations or consumer protection),
although the options for a court about to make common law would be in
similar form:
Statutes
Effects
Statute 0
Effect 0
Statute 1
Effect 1
Statute 2
Effect 2
Statute n
Effect n
Figure 4.3 Statutes and Effects
In the table the left hand column sets out the possible versions of the statute.
The range of statutes is constituted by Statutes 0-n. Statute 0 is the option not
to enact a statute and leave things as they are. Statutes 1-n are different
possible versions of the statute.
The right hand column
sets out the effect that each statute will cause, more
accurately is believed to cause, if it is enacted. Thus Effect 0 is the effect
caused by Statute 0, Effect 1 is the effect caused by Statute 1 and so on.
While “Effect” is written in the singular it is shorthand for the range or raft of
effects that a statute (or its interpretation) will cause.
Interpreting Law
In a similar way we can use a table to set out the options before a court that
has to interpret an ambiguous provision in common law or in statute law. This
is the table:
Meanings
Effects
Meaning 1
Effect 1
Meaning 2
Effect 2
Meaning n
Effect n
Figure 4.4 Meanings and Effects
In the left hand column are the possible meanings of the ambiguous provision,
designated as Meanings 1-n. (There is no Meaning 0 because generally a court
does not have an option not to interpret an ambiguous provision when it is an
issue in a case). The court may choose one or any of these meanings in the
range Meanings 1-n as the correct legal meaning of the ambiguous provision.
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