Aids To Statutory Interpretation

Question 1

What is ejusdem generis rule? (Fruit example included).

Answer 1

• Means of the same kind.
• Where general words are interpreted in line with specific words.
• (Apples,Oranges and other fruit).

Question 2

What is expressio unius exclusion alterius? (Fruit example included).

Answer 2

• Mention of only specific things excluding others.

- (Apples, oranges only).

Question 3

What is noscitur a sociis?

Answer 3

• Words are interpreted on context of other words.

- (Apples, oranges and other fruits that grow on tree).

Question 4

What are intrinsic aids?

Answer 4

• Explanations within the act itself.

- E.g. long title, short title and preamble.

Question 5

What is long title?

Answer 5

The long title may include a brief description or explanation of the purpose of the Statute.

Question 6

What is a preamble?

Answer 6

The preamble sets out Parliament’s intentions in passing the legislation. Preambles are associated with older statutes, it is quite common for modern Acts not to have a preamble.

Question 7

What are extrinsic aids?

Answer 7

• Sources outside of the Act that can assist in its interpretation.
• E.g. Dictionary and Hansard.

Question 8

What are advantages of intrinsic aids?

Answer 8

• Older statutes usually have a preamble which sets out Parliaments purpose.
• Some have definition sections.

Question 9

What are disadvantages of intrinsic aids?

Answer 9

• Not included in every statute.

* Definitions not always included and can lead to uncertainty.

Question 10

Advantages of Hansard?

Answer 10

• Available for everybody to consult.
• Online.
• Can clear up what Parliaments original intent was.

Question 11

Disadvantages of Hansard?

Answer 11

• Statements made in the debate may not be clear.

* Lawyers can spend a long time reading back over debates. This costs lots of money.