describe extrinsic aids Flashcards
what are extrinsic aids
materials outside the statute that judges can refer to in order to help them interpret the meaning of a statute.
what is used
hansard, law reports, international conventions, previous cases and textbooks
hansard
Official record of parliamentary debates. Judges use it to understand Parliament’s intentions (e.g., Pepper v Hart allowed use when statute wording is unclear).
law reports
Reports from agencies like the Law Commission provide insights into statutes’ objectives and issues (e.g., Fraud Act 2006 influenced by Law Commission reports).
international conventions
Judges may use treaties to interpret statutes aligned with international obligations (e.g., Human Rights Act 1998 and the European Convention on Human Rights).
previous cases
Judges refer to earlier cases to understand how similar terms were interpreted, ensuring consistency in the law.
textbooks
Legal scholars’ works help judges clarify complex principles or understand historical context (e.g., Blackstone’s influence).