Statutory interpretation part 3 Flashcards
What are aids to interpretation?
Tools available to judges when interpreting statutes.
What does intrinsic mean?
Within the statute.
What does ejusdem generis mean?
Of the same kind.
When there is a list of words followed by general words, then the general words are limited to the same kind of items as the specific words.
What is an example of the ejusdem generis rule being used?
Powell v Kempton park racecourse (1896)
The phrase “or other place” was interpreted to refer to indoor spaces, so the defendant, who took bets in an open-air enclosure, was not liable.
What does expressio unius est exclusio alterius?
The express mention of one thing excludes others.
What does noscitur a sociis mean?
A word is known by the company it keeps.
What are examples of intrinsic aids?
Short title
Long title
Definition section
Preamble
What are advantages of intrinsic aids?
They are easy to use
They save time and money
What are disadvantages of intrinsic aids?
May be limited and may not provide the judge with a solution.
What does extrinsic mean?
Outside of the statute.
What is Hansard?
The record of everything said in parliament.
What are examples of extrinsic aids?
Hansard
Dictionaries
Law commission reports
What are advantages of extrinsic aids?
They give a more comprehensive view of parliaments intention
They allow judges to consult a greater range of material
What are disadvantages of extrinsic aids?
Conflicts with parliamentary sovereignty as it allows judges to make their own interpretations
Can be a lengthy and costly process
