Statutory Interpretation Flashcards

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1
Q

INTERNAL AIDS TO INTERPRETATION?

A

Internal aids are clues within the statute itself that may help to make its meaning clearer:

  1. The short and long title of the statute.
  2. Definition sections.
  3. Schedules towards the end of the statute which give extra detail required by earlier parts of the statute.
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2
Q

EXTERNAL AIDS TO INTERPRETATION?

A

External aids are materials which are outside a statute which judges may use, to help them interpret that statute:

  1. An authorised dictionary of the year the statute was passed.
  2. A law reform report on which the statute is based.
  3. INTERPRETATION ACT 1978.
  4. Hansard
  5. An international treaty entered into by the UK if the word is defined there.
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3
Q

WHAT IS THE IMPACT OF EU LAW ON STATUTORY INTERPRETATION?

A

Where the national law to be interpreted is based on European law, the English courts have to interpret it and propose of the European law: MARLEASING SA.

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4
Q

WHAT IS THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON STATUTORY INTERPRETATION?

A

S.3 of the HUMAN RIGHTS ACT 1998 says that, so far it is possible to do so, legislation must be read and given effect in a way which is compatible with the right in the European convention on Human Right.

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