Aids to Interpretation

• What are aids used in statutory interpretation?

  Aids are sources used to get help when interpreting the meaning of law

  2 types of aids:

  • Intrinsic Aids
  • Extrinsic Aids
• Intrinsic Aids

  ---> inside of Act of Parliament

  
  

  Preamble - statement at beginning of Act explaining purpose

  Title - short and long (shows purpose)

  Section headings - give context

  Marginal notes - add detail

  Punctuation - show meaning

  Interpretation sections - give meaning to certain words

  Schedules - at end of Act which give details to how Act works in practice
• Extrinsic Aids

  ---> outside of Act of Parliament

  
  

  Other similar acts - give guidance

  Dictionary - definitions - Cheeseman

  Historical setting - context e.g. mischief rule

  Green and white papers & law reform reports - show intentions and aims - Black Clawson case

  Interpretation Act 1978 - general rules to follow

  Hansard- shows intention

  International conventions - e.g. Treaty of Rome
• Judges must also consider

  • Impact of EU

  Judges are more likely to use the purposive approach in line with European Court of Justice

  • Human Rights

  Human Rights Act 1998 s.3 says laws should be interpreted in a way to protect human rights - Mendoza v Ghaidon