Legal System | Statutory Interpretation
Aids: Overview
Flash Card | Degree
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Aids: Overview
[Flash Card 1 of 2]
Intrinsic:
- long Title: Abortion Act 1967:
medical practitioners
(Royal College of Nursing of UK v DHSS) / Christmas Trading Act 2004 - punctuation: Hanlon v Law Society
- definition sections: Animal Boarding Act 1963 S5(2):
In this Act animal means any dog or cat.
- explanatory notes: since 1999 / R v A
- schedules: necessary / Hunting Act 2004: exemptions
Extrinsic:
- dictionaries: PACE 1984 /
oppression
(Fulling) - Hansard: ambiguous or absurd / clear statement Minister or promoter (Pepper v Hart) / mischief approach / Denning:
grope around in the dark for meaning without turning the light on
(Davies v Johnson) - previous statutes: R v Wheatley : Explosive Substances Act 1883 / long title refers to Explosives Act 1875
- white papers: use of force / dispersal area (W v Metropolitan Police Commissioner)
- committee reports: limited way only (R v Allen )
- academic studies: criminal attempts (R v Shivpuri )
bits of law
Aids: Overview
[Flash Card 2 of 2]
Rules of language
Ejusdem generis:
of the same kind
/ specific words followed by general / general limited to same kind / most commonly used- Betting Act 1853: outdoor ring not a
house, office, room or other place
(Powell v Kempton Park Racecourse) - at least two specific words (Allen v Emerson)
Noscitur a sociis:
a word is known by its associates
/ read in context /derive colour from those around
(Bourne v Norwich Crematorium)- Factories Act 196:
floors, steps stairs, passageways & gangways
free from obstruction / passage / floor for storage excluded (Pengelley v Bell Punch)
Expressio unius est exclusio alterius:
to express one is to exclude others
/ mention specific excludes other / in listhouse, land or coalmine
/other mines not included (Sedgley Inhabitants)- omission may be inadvertent / immigration exclude father as only mention mother (Crew)
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