Internal & External Aids Flashcards
Which aid is found within the act?
Intristic/internal
What’s the Latin word for internal and external aids
Extrinsic (external) & intristic (internal)
Which aid is found around the act
External/extrinsic
Name at least 3 example of extrinsic aids
Interpretation Act 1978, textbooks, dictionaries, treaties and reports, Hansard, explanatory notes
What aid is undisputed sources and what is an example?
Extrinsic, it is previous acts of Parliament on the same topic, may refer to Wheatly 1979, where the court of appeal had to interpret the provisions of the Explosive substances act 1883, the long title of the act was ‘an act to amend the law relating to explosive substances, amending the explosives act 1875’, he was found in possession of a metal pipe filled with sodium chloride
Name at least 3 intristic aids
Long/short titles, preamble, schedules, interpretation definition, punctuation
What aid is text books and what is an example
Extrinsic, May refer to for guidance of the meaning of a word or phrase, eg Re Castioni 1891 needed it to interpret ‘political crime’
What aid is short title and what is an example
Intrinsic, there is some question whether the short title should be used to resolve the act, abortion act 1967
What aid is preamble and what is an example
Intrinsic, where the mischief is to be remedied to the scope of the Act described, or to serve as a purpose statement
What aid is long title and what is an example
It should be read as a part of context, “as the plainest of all the guides to the general objectives of a statute” Lord Simon in the black clawson case 1975
What aid is punctuation and what is a key quote by which Lord?
Intrinsic, Lord Lowry “To ignore punctuation disregards the reality that literate people, such as parliamentary draftsmen, do punctuate what they write.”
What aid is dictionaries and give an example
Extrinsic, consulted as a guide to the meaning of statutory words which help in the golden and literal rule. Vaughan v Vaughan where the dictionary was used to define the word ‘molest’
What aid is the interpretation act and what is it
Extrinsic, it provides definitions for certain word which are commonly found within statutes, it’s used to explain words in other acts
What aid is interpretation definition and what is an example
Intrinsic, year and a day act 1996
What aid is schedules and what is an example
Intrinsic, Hunting Act 2004
What aid is law commission and what is it
Extrinsic, legislation may be preceded by a report of a royal commission, law commissions or another official advisory committee, considered evidence of pre existing state of law and the mischief the legislation was intended to deal with
What aid is Hansard and what is it
Extrinsic, report on what was said in AoP when the act was debated, records the different views expressed and is considered useful when determine the mischief the act was supposed to address. Used since 1993 especially with Pepper V Hart in the HoL. Judges may only look at statements made by a minister or other promoter of the bull, the statements must be clear in order for them to be relied upon
What are quotes used for Hansard
“Some say that judges should grope about in the dark for the meaning of an Act without something switching on the light, I do not accede to this view” Lord denning
Name one advantage and one disadvantage of Hansard
Ad; it is useful when judges use the mischief it purposive approach to interpretation : disad; it is time consuming which can add costs of cases
What aid is historical setting and what’s an example
Extrinsic, a judge may consider the historical setting of the provision being interpreted (spath holme 2000 did this all the time)
