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