Statutory interpretation part 3 Flashcards
(17 cards)
What are aids to interpretation?
Tools available to judges when interpreting statutes.
What does intrinsic mean?
Within the statute.
What does ejusdem generis mean in English?
Of the same kind.
What is ejusdem generis?
When a list of specific items is followed by general words, the general words only apply to things like the items listed.
What does expressio unius est exclusio alterius mean in English?
The express mention of one thing excludes others.
What does noscitur a sociis mean in English?
A word is known by the company it keeps.
What are examples of intrinsic aids?
Short title
Long title
Definition section
Preamble
What Act has a preamble?
Theft Act 1968.
What are advantages of intrinsic aids?
Easy to use
Saves time and money
What are disadvantages of intrinsic aids?
May be limited and may not provide the judge with a solution.
What does extrinsic mean?
Outside of the statute.
What is Hansard?
The record of everything said in parliament.
What are examples of extrinsic aids?
Hansard
Dictionaries
Law commission reports
What is an advantage of extrinsic aids?
They give a more comprehensive view of parliament’s intention.
What is another advantage of extrinsic aids?
They allow judges to consult a greater range of material.
What is a disadvantage of extrinsic aids?
Conflicts with parliamentary sovereignty as it allows judges to make their own interpretations.
What is another disadvantage of extrinsic aids?
Can be a lengthy and costly process.
