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."
- Until 1992, firm rule that Pment could not look at what was said in debates. Lord Denning tried to attack this ban.
- 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.
- things that are external to the Act itself
- intrinsic aids
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