Finding Parliaments Intentions

Revision notes on finding Parliaments intentions

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  • Created on: 02-01-11 20:14
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Finding Parliaments Intentions
Intrinsic Aid;
Matters within the statute which may help to make its meaning clearer.
Looking at amendments in law
Long titles, short titles, headings & preamble can be considered. Older statues usually have
preamble, explaining Parliaments intention from the Act, most modern statues do not have
these.
Marginal notes explaining sections. They are inserted after parliament's debates and contain
helpful comments.
Extrinsic Aid;
Matters outside of the Act, which can help find the meaning.
Looking at previous Acts on the same topic. The Historical setting. Earlier case law - not
allowed in courts. Dictionaries of the time ­ mainly used in the literal rule, discovering
meanings of exact words terms.
There has been a change to attitudes concerning the use of extrinsic aids, rules have been
relaxed.
Hansard; official report of what was said in Parliament's debate.
Reports of law reform bodies, leading to the passing of Act's
International conventions, regulations or directives which have been implemented by English
legislation.
Law Reforms;
Relaxed in Black Clawson (19 75).
Law reform can discover the mischief based upon a report designed to deal with it.
Hansard;
Has been used since 1992.
It is recorded discussions from Parliament debate.
Can be relaxed in certain circumstances if; there are ambiguous or absurd words. Hansard
needs a clear statement in which introducing the legislation. There's an international
convection or European directive into English law.
Hansard helps to interpret statute using a purposive approach & is consistent with European
materials.
The House of Lords used the Practise statement in Pepper v Hart ­ allowing Hansard to be
used.
No single person or group can represent will of Parliament, therefore it's wrong to rely on
just one speech.
Hansard is time consuming & expensive.
Lord Denning followed the use of Hansard.
It is still restricted when it can be used.

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