Aids and the basics

Cards (13)

  • what is meant by statutory interpretation?
    Where judges interpret statutes or acts of parliament and apply them to cases.
  • In terms of interperating the law, what is the role of the judge?
    It is the role of the judge to interperate the statute in a way that parliament intended, therefore putting into the effect the intention of parliament
  • what are some difficulties in interperating the law for judges?
    the language can be ambiguous or vague
    unforseeable events
  • what are the main aids to help interperate the law?
    Intrinsic aids
    Extrinsic aids
    other acts of parliament
    Other cases
    Reports from the law commission, and the royal commission
    Hansard
  • what are intrinsic aids?
    Aids found within the act of parliament itself
  • What is included in an intrinsic aid?
    The long title
    The preamble
    Schedule
    Interpretation section
    Explanatory memorandum
  • What is the purpose of the long title in an act of parliament?
    The long title should be read as part of the context- it is "The plainest of all the guides to the general objective of a statute"
  • What is the purpose of the preamble in an act of parliament?
    This is a long introductory paragraph setting out the purpose of the Act in detail.
  • What is the purpose of the schedule in an act of parliament?
    These are found at the end to provide information in the form of lists and illustrations
  • what is the purpose of the interpretation section, if an act has one?
    It defines various terms used in the act
  • What is the purpose of the explanatory memorandum in an act of parliament?
    It sets out the purpose of the act
  • what is an extrinsic aid?
    An external source, information not contained in the act, used to interpret legislation.
  • what are examples of extrinsic aids?
    The european convention on human rights
    Dictionaries
    The interpretation act 1978 - it contains a list of many words and phrases which are commonly found in acts