Statutory Interpretation: Aids to Interpretation Flashcards
What are the three different types of aid to statutory interpretation?
Intrinsic (internal), Extrinsic (external) and rules of language
What is an intrinsic aid?
Something from within the act itself that a judge can use when interpreting the law
What are explanatory notes?
Found in complex statutes to help judges interpret them, e.g. the Theft Act 1968 explains that property can include money and all real and intangible property
What is a preamble?
Found in older acts, sets out parliaments purpose for the statute, not found in new acts, e.g. Theft Act 1968 states it is an act to modernize the law of theft
How can a judge use the titles to interpret the act?
The long and short titles can give information of what the act is about
What is a schedule?
Appear as additions to the main body of the act
What did the case of Harrow v Shah establish?
Other sections of the can be looked at, s13(1) of the National Lottery Act 1993 did not provide a defence of due diligence however s13(1)(a) clearly did
What is an extrinsic aid?
Something from outside the act that can help explain the meaning of words
What is a Hansard?
Official report of what was said in parliament when the act was debated, can only be used when the words of the act are ambiguous or will lead to an absurdity
Since what case have judges been allowed to use the Hansard in a limited way?
Pepper v Hart
How must dictionaries be used and what case shows this?
The dictionary must come from the year the act was passed as the meaning could have changed, Cheeseman v DPP, a dictionary from 1847 had to be used
What are Law Reform Reports?
Bodies such as the Law Commissions will make reports on how the law should be changed which can lead to the passing of such acts, increasingly used with the purposive approach
What presumptions can be made?
Statutes don’t affect the monarch, do not operate retrospectively, existing rights aren’t to be interfered with, do not change the common law, means rea is required for criminal liability
How has the Human Rights Act 1998 effected statutory interpretation?
s3, so far as is possible legislation must be read and given in effect in a way that is compatible with the European Convention on Human Rights
What case shows the effect of the HRA 1998 on statutory interpretation?
Medoza v Ghaidan, the Rent Act had to conform with the ECHR, which forbids discrimination on the grounds of gender
