Extrinsic Aids Flashcards
(14 cards)
What are extrinsic (external) aids in statutory interpretation?
Extrinsic aids are sources found outside the Act of Parliament that help judges understand the meaning of unclear words or phrases in the Act.
What is Hansard and when can it be used by judges?
Hansard is the official written record of parliamentary debates. After Pepper v Hart, judges can refer to Hansard if the words in an Act are ‘ambiguous, obscure or lead to an absurdity’ — but only to clear statements made by a government minister or the Bill’s promoter.
Which case allowed Hansard to be used in statutory interpretation?
Pepper v Hart allowed Hansard to be used, overruling Davis v Johnson through the 1966 House of Lords Practice Statement.
How are dictionaries used as extrinsic aids?
Dictionaries from the year the Act was passed help explain the meaning of words and phrases at the time of the Act’s creation.
Which case used a dictionary to define a word in an old Act?
In Cheeseman v DPP, the 1847 Oxford English Dictionary defined ‘passenger’ under the Town Police Clauses Act 1847. The defendant was found not guilty because policemen were not ‘passengers.’
How can Law Commission reports be used in interpretation?
Law Commission reports highlight the problems of old laws and explain the reasons for new legislation. Judges may refer to them when interpreting Acts, especially when using the mischief rule.
Which case approved the use of Law Commission reports?
In Black Clawson, Law Commission reports were approved as an extrinsic aid when the court used the mischief rule.
Give an example where a Law Commission report was used in court.
In Davison, a Law Commission report about the Public Order Act 1986 helped decide that waving a knife at a police officer could be classed as ‘an affray.’
Why can international conventions and EU law be used as extrinsic aids?
They help ensure the correct meaning of legislation, especially when laws are based on treaties or international agreements that may lose meaning in translation.
Which case confirmed that international conventions can be used?
In Fothergill v Monarch Airlines, the court referred to the Warsaw Convention to resolve a case about lost luggage.
What is the Interpretation Act 1978 used for?
The Interpretation Act 1978 gives general definitions for words and phrases used in UK legislation. For example, Section 6 states masculine words include feminine ones and singular includes plural.
Which case applied the Interpretation Act 1978 to the term ‘land’?
In Chivers, the Act was used to confirm that ‘land’ also included buildings.
What are pre-legislative documents and how do they help?
Pre-legislative documents like Green Papers and White Papers can guide judges on Parliament’s intention before the Act was passed.
What are explanatory notes and how can they assist?
Explanatory notes are published with Acts to clarify their meaning and guide judges during interpretation, although they aren’t legally binding.
