aids to interpretation

• aids to interpretation are tools that judges can use to assist them when interpreting statutes
• intrinsic aids

  • found within acts of parliament
  • short title - formal name of an act
  • long title - explanatory
  • interpretation sections - defines terms
  • explanatory notes - explain meaning of the act
  • schedules - hunting act 2004
• • the rules of language

  1. EJUSDEM GENERIS (the general rule)
  2. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS (the specific rule)
  3. NOSCITUR A SOCCIIS (the context rule)
• advantages and disadvantages of intrinsic aids

  • advantage - easy to use
  • disadvantage - may be limited
• extrinsic aids

  • found outside the act
  • hansard - record of everything said in parliament
  • law commission reports - to consider the mischief that parliament was addressing
  • academic textbooks and articles - not binding
  • treaties
  • oxford english dictionary
• advantage and disadvantage of extrinsic aids

  • advantage - they give a more comprehensive view of Parliament’s intentions
  • disadvantage - conflict with parliamentary sovereignty