Intrinsic and Extrinsic Aids of statutory interpretation

  • Created by: Zaynab
  • Created on: 23-11-20 11:06
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  • Intrinsic and extrinsic aids
    • intrinsic aids
      • found within legislation itself, or in certain rules of language commonly applied in statutory texts
      • many types of intrinsic aids to interpretation including:
        • Long and short title of Act
        • Older statutes have 'preamble', newer acts have 'purpose' section
        • interpretation section
        • marginal notes, headings and schedules
      • Human Rights Act (1998)
    • Extrinsic aids
      • things that are external to the Act itself
        • Vaughan v Vaughan (1973). judges consulted dictionary, which defined molest as "to cause trouble, vex, annoy or, to put to incon-venience" and held Ds behaviour did amount to molestation.
      • If a judge uses dictionary, must be published same year as act being published. (words change overtime).
      • Hansard - official report of what was said in Pment. when act debated.
        • Until 1992, firm rule that Pment could not look at what  was said in debates. Lord Denning tried to attack this ban.
          • HoL disapproved, Scarman said "such material is an unreliable guide to the meaning of what is enacted."
      • Pepper v Hart (1993) - HoL said hansard could be used in limited way "so as to permit reference to Parliamentary materials". LC opposed use of hansard on practical grounds
        • wider use of Hansard permitted when court considering Act that introduced international convention or European Directive into English courts.
      • Courts used to hold law reform agencies couldn't be considered bu court. Courts much more prepared to look at law coms reports.
      • Law Com's report  2014-15 stated law com's work cited in 404 cases in UK, 3 cases in other common law jurisdictions, e.g. Canada.


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