statutory interpretation

Statutory interpretation

the need for aids to interpretation.

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  • Created by: Tayyaba
  • Created on: 16-10-11 12:22

Ejusdem Generis

Latin for 'of the same kind' used to interpret loosely written statutes. Where laws lists specific classes of persons and things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically tested.

Powell V Kemptom park race course 1899

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Expressio unius est exclusio alterious

means the expression of one thing implies the exclusion of another. e,g, in inhabitants of Sedgley (1837) rates were charged on 'land, titles and coal mines.' Therefore rates could not be charged on any mine other than coal mines.

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Noscitur a sociis

Legal maxim that the meaning of an unclear word or phrase is to be determined on the basis of its context the words or phrases surrounding it.

Bourne V Norwich Crematorium LTD 1967

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Intrinsic aids

These are found in the act itself.

Long/short title

Interpretation section

preamble ( giving you an overview of what is an act) 

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Extrinsic aids

These are the things outside the act which judges can refer to:

Dictionaries

other acts or international treaties

past cases

The Interpretation act 1978

office reports ( law commision/ Royal commission )

Hansard ( since 1993 only )= word for word report published daily of everything that goes on in parliament

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