Save
...
Unit 2: Section A
statutory interpretation take 2
The aids and the basics
Save
Share
Learn
Content
Leaderboard
Share
Learn
Created by
Anosh Eric
Visit profile
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