Intrinsic + Extrinsic Aids To Interpretation

Question 0

Name all 3 extrinsic aids to interpretation.

Answer 0

• dictionaries
• explanatory notes
• academic authorities (academic journals)

Question 1

Name all 3 intrinsic aids to interpretation.

Answer 1

• titles
• marginal notes and headings
• interpretation sections

Question 2

What is the role of a dictionary? Intrinsic or extrinsic? Example?

Answer 2

• to find the meanings of certain words
• extrinsic
• R v. Dovermoss - used dictionary to conclude “polluting matter” didn’t have to be poisonous to be polluting

Question 3

What is the role of explanatory notes? Intrinsic or extrinsic? Example?

Answer 3

• explain complex parts of an Act
• published WITH the Act - gvmt minister who introduced act writes it
• should not be given same legal status as words of an Act themselves
• extrinsic
• Westminster City Council v. National Asylum Support Service explanatory notes provided “clear assurance” of meaning of words in the Act

Question 4

What are academic authorities? Intrinsic or extrinsic? Example?

Answer 4

• judges can refer to these - thoughts of legal scholars in books or journals
• to assist in interpreting words of a statute
• extrinsic
• R v. Bentham - article by Professor Spencer in the Cambridge Law Journal supporting interpretation of Firearms Act in deciding meaning of “possession”

Question 5

What are titles? Intrinsic or extrinsic? Example?

Answer 5

• short title = name of the act
• some acts have long titles which explain what the act is trying to achieve
• Royal College of Nursing v. DHSS - long title of Abortion Act referred to

Question 6

What are marginal notes and headings? Intrinsic or extrinsic? Example?

Answer 6

• added to act by person drafting it
• don’t form part of the act but are inside it
• shouldn’t be given equal weight as words of act
• intrinsic
• R v. Tivnan - MN used to decide what parliament’s intentions were in relation to seizure of assets of drug dealers

Question 7

What is the interpretation section? Intrinsic or extrinsic? Example?

Answer 7

• explain what is meant by the words of the act
• intrinsic
• Theft Act IS defined words “weapon of offence” as anything “made or modified for use for causing injury”