The aids and the basics

Cards (18)

  • what is statutory interpreation?
    It is where judges interpret statutes or Acts of Parliament such as the Offences Against the Person Act 1861 and apply it to cases.
  • Why do judges have to interpret statutes?
    It is the role of the judge to do so in the way that parliament intended as this puts into the effect the intentions of parliament
  • what are the main 2 difficulties for judges when interpreting statutes??
    language can be ambiguous or vague. There may be unforseeable events that change how the law is interpreted
  • what is an intrinsic aid?
    Aids found within the act of parliament itself
  • What are the main examples of intrinsic aids?
    The long title
    The preamble
    Schedules
    Interpreation section
    Explanatory memorandum
  • Why does the long title of an act of parliament count as an intrinsic aid?
    Becuase it is part of the context of the act. It is "The plainest of all the guides to the general objectives of a statute".
  • What is an example of a long title of an act of parliament?
    The abortion act 1967's long title is the 'Act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners'
  • What is the preamble of an act of parliament?
    The long introductory paragraph setting out the purpose of the act in detail
  • What is the schedule of an act of parliament?
    These are found at the end to provide information in the form of lists and illustrations
  • what is an interpretation section in an act of parliament?
    Some Acts have a section which defines variouswords used in the Aci
  • What is an explanatory memorandum in an act of parliament?
    A text in the Act which sets out it's purpose.
  • What is an extrinsic aid?
    References not contained in the act
  • What are examples of extrinsic aids?
    The european convention on human rights
    Dictionaries
    The interpretation act 1978
    Other acts of parliament
    Other cases
    Reports from the law comission
    Reports from the Royal Comission
    hansard
  • What is hansard?
    this is a word for word account of parliamentary proceedings
  • In which case was hansard decided to be allowed to be used?
    Pepper v Hart
  • Why are other acts of parliament also used as extrinsic aids?
    They can be used to help interperate words
  • which case illustrates the use of dictionaries as an extrinsic aid?
    In the case of Vaughan v Vaughan, the word 'molest' had been defined in dictionaries
  • What is the significance of the interpretation act 1978?
    It contains a list of many words and phrases which are commonly found in acts of parliament