SI intrinsic and extrinsic aids Law making Flashcards
Intrinsic aids
Judges can use certain items within the statute to help make the meaning of some words clearer.
Whats the acronym for intrinsic aids?
TIPPS
Title
Judge can consider the long title and short title.
What might the long title help with?
Long title may explain parliament’s intention.
Interpretation sections
A new development in statutory drafting which could encourage and help use of purposive approach.
Preamble Older statutes
Older statutes tend to include a preamble which sets out parliament’s purpouse.
Preamble modern statutes
Modern statutes tend to contain brief preambles.
Punctuation
Can be taken into account to determine the meaning of statutory provisions or interpretations in legislation.
Schedules
Referred too to make sense of the act.
Example of a schedule
E.g. Misuse of drugs act the schedules contains set of listed drugs.
Extrinsic aids
items outside an act which may help a judge find the meaning of words in the act.
Extrinsic aids acronym
DIHE
Dictionaries
Previous dictionaries of the time the act was passed can be used.
Dictionary case
Cheeseman
Interpretation act
Provides certain basic definitions. Courts have developed rules to assist judges in interpreting statues.
