Aids to Interpretation

• Aids to Statutory Interpretation:

  • Judges can get help (Aid) from various sources when trying to work out the meaning of the law.
  • Intrinsic Aids
  • Extrinsic Aids
• Intrinsic Aids:

  • Found inside the Act of Parliament they are trying to interpret.
  • Preamble
  • Title (short and long)
  • Marginal Notes
  • Headings
  • Interpretation Sections
  • Punctuation
  • Schedules
• Extrinsic Aids:

  • found outside the Act of Parliament they are trying to interpret.
  • Other similar Acts/cases
  • Historical setting (e.g. mischief rule)
  • Dictionary (Cheeseman)
  • Green/ White papers
  • Law Reform Reports (Black Clawson case)
  • Interpretation Act 1978
  • Hansard (Pepper v Hart)
  • International Conventions (Fothergill v Monarch Airlines)
• Impact of the EU:

  • When UK joined EU in 1973 judges had to accept that the purposive approach should be used when interpreting EU law.
  • Judges are more likely to use the purposive approach to interpretation and even now we have left the EU it is likely that judges will continue to use the purposive approach.
• Impact of the EU:

  • Where Law to be interpreted is based on EU Law, UK courts have to interpret it in the light of the wording and purpose of EU Law.
  • Marleasing Case 1992:
  • The European Court of Justice rules that the Treaty of Rome includes interpreting national law in the light and the aim of EU Law.
• Impact of the Human Rights Act 1998:

  • s.3 Human Rights Act 1998 states that, so far as it is possible to do so, legislation must be read and given effect in a way which is compatible with the rights in the European Convention on Human Rights.
  • Mendoza v Ghaidan 2002:
  • Involved the interpretation of the Rent Act 1977 which had previously not given rights to same sex couples, but was amended in light of the protections against discrimination under the ECHR.