Statutory Interpretation

Question 1

INTERNAL AIDS TO INTERPRETATION?

Answer 1

Internal aids are clues within the statute itself that may help to make its meaning clearer:

1. The short and long title of the statute.
2. Definition sections.
3. Schedules towards the end of the statute which give extra detail required by earlier parts of the statute.

Question 2

EXTERNAL AIDS TO INTERPRETATION?

Answer 2

External aids are materials which are outside a statute which judges may use, to help them interpret that statute:

1. An authorised dictionary of the year the statute was passed.
2. A law reform report on which the statute is based.
3. INTERPRETATION ACT 1978.
4. Hansard
5. An international treaty entered into by the UK if the word is defined there.

Question 3

WHAT IS THE IMPACT OF EU LAW ON STATUTORY INTERPRETATION?

Answer 3

Where the national law to be interpreted is based on European law, the English courts have to interpret it and propose of the European law: MARLEASING SA.

Question 4

WHAT IS THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON STATUTORY INTERPRETATION?

Answer 4

S.3 of the HUMAN RIGHTS ACT 1998 says that, so far it is possible to do so, legislation must be read and given effect in a way which is compatible with the right in the European convention on Human Right.