aids to interpretation

Cards (18)

  • What are the aids to interpretation for judges?
    Internal and external aids
  • What do intrinsic aids refer to?
    Elements found within the act itself
  • Name one type of intrinsic aid.
    Preamble
  • What is an example of an extrinsic aid?
    Previous acts on the same point
  • How do extrinsic aids assist judges?
    They help with the mischief and purposive approach
  • What does the term 'Ejusdem Generis' mean?
    Of the same kind
  • How was the rule of 'Ejusdem Generis' applied in Powell v Kempton 1899?
    Betting in a 'ring' was guilty
  • What does 'Expressio Unius est exclusion alterius' imply?
    Express mention excludes all others
  • How did R v Inhabitants of Sedgley 1831 illustrate 'Expressio Unius est exclusion alterius'?
    It excluded other types of mines
  • What does 'Noscitur a sociis' mean?
    A word is known by the company it keeps
  • How was 'Noscitur a sociis' applied in Muir v Keay?
    Licensing required for public refreshment venues
  • What do extrinsic aids support in terms of interpretation rules?
    The mischief and purposive rules
  • What is one example of an extrinsic aid?
    Hansard
  • What does the Human Rights Act 1998 incorporate?
    European Convention on Human Rights (ECHR)
  • What does Section 2 of the Human Rights Act 1998 require judges to do?
    Consider previous ECHR decisions
  • What does Section 3 of the Human Rights Act 1998 require courts to do?
    Interpret acts in line with human rights
  • What happens if a court cannot interpret an act in line with human rights?
    Judges can issue a declaration of incompatibility
  • What is the purpose of the fast-track procedure in the Human Rights Act 1998?
    To expedite cases with compelling reasons