Describe Extrinisc Aids To Statutory Interpretation Flashcards
What can dictionaries from the year an Act was passed explain?
They can explain the meaning of words and phrases used in an Act.
What case used the 1847 Oxford English Dictionary definition of ‘passenger’?
Cheeseman v DPP (1990)
In this case, policemen were not considered ‘passengers’ meaning passers-by, and the man was found not guilty.
What do reports from the Law Commission and law reform bodies highlight?
They highlight problems with the old law and set out reasons for a proposed new Act.
In which case were reports from the Law Commission approved as an extrinsic aid?
Black Clawson
They were used with the mischief rule to consider the problem in the old law.
What was decided in Davison regarding waving a knife at a policeman?
It was decided that it constituted ‘an affray’.
What can judges consider from International Conventions and EU Treaties and regulations directives?
They can consider them as they provide the true meaning of the original law.
Which case confirmed the use of the Warsaw Convention for lost luggage?
Fothergill v Monarch Airlines.
What does the Interpretation Act 1978 define?
It defines the meaning of words and phrases in a variety of Acts of Parliament.
What does Section 6 of the Interpretation Act 1978 state?
Masculine words include feminine words, and singular words include the plural.
In which case was it decided that ‘land’ included buildings?
Chivers.
What types of pre-legislative documents may be used?
Green Papers and White Papers.
What may be published with an Act that provides additional information?
Explanatory notes.
What are extrinsic aids?
Extrinsic (external) aids are found outside the Act of Parliament that must be interpreted by the judge.
What is the purpose of extrinsic aids?
They help the judge understand the meaning of the word or phrase in question.
What is Hansard?
Hansard is a published written record of exactly what is said in Parliament including debates about new laws.
What case established the use of Hansard in legal interpretation?
Pepper v Hart established that judges can refer to Hansard for help.
Under what conditions can judges refer to Hansard?
Judges can refer to Hansard when words in an Act are ‘ambiguous or obscure or lead to an absurdity’.
What statements can judges rely on from Hansard?
Judges can only rely on statements made by the Government Minister or promoter of the Bill, and only if the statement is clear.
