Advantages & Disadvantages of Intrinsic Aids

Question 1

Adv; Clearer Law

Answer 1

• Placed in statutes to make law clearer.

- Means that courts are more likely to come to the interpretation that Parliament intended.

Question 2

Adv; Preamble

Answer 2

• Long preamble set out the purpose of Parliament was particularly helpful.

Question 3

Adv; Definition Section

Answer 3

• In some statutes, this may be included which sets out certain words or phrases.
• Theft Act 1968 definitions set out for a number of words.

Question 4

DisAdv; Not Included in Every Statute

Answer 4

• Modern statutes in particular do not have long preambles.

Question 5

DisAdv; Misleading Intention

Answer 5

• Headings may be placed there through printing and do not necessarily reflect Parliament’s intention.

Question 6

DisAdv; Uncertainty

Answer 6

• Definitions not always included and can lead to uncertainty.
• Theft Act, word ‘dishonestly; isn’t defined even though there are sections in the act demonstrating situations regarded as dishonest.
• Lack of definition has meant that judges have had to interpret it in case law.