Finding Parliaments intentions (intrinsic/extrinsic aids)

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  • Created by: Emma13
  • Created on: 19-05-16 08:35
What are intrinsic aids?
Matters within the statue itself, they help make the meaning clearer.
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What can the court consider with these intrinsic aids?
The court can consider the long title, the short title and the preamble. Any headings before a group of selections, any schedules and any marginal notes.
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What are extrinsic aids?
Aids outside of the Act.
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What are examples of extrinsic aids?
Previous Acts of Parliament on the same topic, historical setting,earlier case law, dictionaries of the time, hansard,international conventions, regulations or directives implemented by English legislation.
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What is Hansard?
Official report of what is said in Parliament when debated.
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Which case illustrates how Hansard can be used in a limited way?
HOL accepted that hansard could be used in Pepper v Hart.
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When can hansard be considered?
Only where the words of the Act are ambiguous/obscure/lead to obscurity. It should only be used if there was a clear statement by the Minister introducing the leg.
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When is the wide use of Hansard permitted?
Where the court is considering an Act that introduced an international convention or European Directive into English law.
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Which case was this use of hansard expressed?
By the QBD Court in Three Rivers District Council and Others v Bank of England. In such situation it is important to interpret the statue purposively and consistently with any EU material.
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In which case did the HOL allow the use of international convention?
Fothergill v Monarch Airlines. HOL decided that the original convention should be considered as it was possible than in translating and adapting the convention to our legislative process the meaning might be lost.
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What was the reason behind this?
Other coutries allowed the use of this 'travaux preparatories and it should be allowed in the UK. In order to get uniformity in interpretations of international rules.
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What extrinsice aids where used in Laroche v Spirit of adventure?
Oxford dictionary, Air Navigation Order and International Convention.
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What did the courts used to think shouldn't be considered by the courts?
Law Reform agencies and law reform reports.
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Which case was this rule relaxed in and why?
Blackclawson case, reports used to discover mischief/gap.
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Card 2

Front

What can the court consider with these intrinsic aids?

Back

The court can consider the long title, the short title and the preamble. Any headings before a group of selections, any schedules and any marginal notes.

Card 3

Front

What are extrinsic aids?

Back

Preview of the front of card 3

Card 4

Front

What are examples of extrinsic aids?

Back

Preview of the front of card 4

Card 5

Front

What is Hansard?

Back

Preview of the front of card 5
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