Extrinsic Aids Flashcards
(7 cards)
What are extrinsic aids
Materials outside the act used across different rules
Dictionaries
Judges following the literal rule tend to use dictionaries to assist their interpretation
In cheeseman the courts used a dictionary to define passenger
Academic authorities
Judges can also refer to authors give textbooks and the views of scholars expressed in journal articles
Explanatory notes
Since 1999 explanatory notes company all acts of parliaments
Whilst they can be referred to they should not be thought of as authorstive as they are not passed by parliament
Hansard
Following the case of pepper v hart referenced to Hansard can be referred to by the judge when interpreting a sgagegje where the words in the act are
- ambiguous
Or can lead to absurdity
Official publications
Including government white papers reports from law reform agencies such as law commission and royal commission
International agreements
Parliament must expressly incorporate international treaties and conventions for them to be enforced in English law