Statutory interpretation- intrinsic and extrinsic aids Flashcards
What is meant by an intrinsic aid?
-inside of the act (internal)
What is meant by an extrinsic aid?
Something outside of the act.
What are some examples of extrinsic aids?
- hansard
- Explanatory notes
- international conventions
- dictionaries
- official reports
- Previous law
- the interpretation act 1978
- Prev EU law.
What are some examples of internal aids?
- the long title
- The preamble.
- Marginal notes
- Scheduals
- interpretation/ definition sections
- other sections of the act
other sections of the act - not clarified further- self explanatory
What does the long title outline?
-The purpose of the act
-Sometimes these are not great- theft act vauge.
Which notable occasion was the long title used?
-RCN V DHSS
-Abortion act 1967
What is meant by a preamble?
-Some older acts of parliament
-include whats covered in the act and its purpose.
What is meant by marginal notes?
-made by draftsmen for interpretation purposes.
-may be helpful but must not be used for intention of parliament.
What is meant by scheduals?
-contain scheduals which include detailed explanations of the act.
What is meant by interpretation/ definition sections?
-defines key terms throughout.
What is meant by hansard?
-written record of everything discussed in parliament
-Davis V Johnson- Lord Denning admitted to using it.- HOL said it promoted confusion
-Pepper V Hart allowed it in set out circumstances.
Which cases changed the rules on Hansard?
-Davis V Johnson- Lord Denning admitted to using it.- HOL said it promoted confusion
-Pepper V Hart allowed it in set out circumstances.
What were the circumstances where hansard can be used set out in Pepper V Hart?
a) Legislation is ambiguous or obscure, or leads to an absurdit
b) Statements are by a minister or promoter of a bill
c) the statements are clear
What is meant by explanatory notes? (ex)
-written by the government rather than intrinsic ones written by parliament.
What is the interpretation act 1978?
-if an act refers to something in the plural it will apply to the single.
-if something refers to a man it will also apply to a woman.
