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Mind map

External aids

Jess Hughes Law AS - Level English

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External aids

  1. External or extrinsic aids are found outside of the Act

  2. Dictionary

    • In Vaughan v Vaughan a man had been pestering his ex-wife and the court used a dictionary to define the word “molest” and decided the definition was wide enough to cover his “pestering” behaviour.
    • Another example was where the word “passengers” was defined using a dictionary in Cheeseman.
  3. Case law

    • Wheatley where the court interpreted the Explosive Substances Act.
  4. Hansard

    • Pepper V Hart reference can also be made to Hansard to work out Parliaments intentions
  5. Explanatory notes

    • Since 1999 all government Bills will have explanatory notes which provide guidance on aspects of the Bil
  6. Reports

    • Law Commission reports are also used as external aids, as are international treaties when judges are interpreting EU law.
  7. Books

    • Text books have also on occasion been used to provide guidance to judges
  8. Dictionaries are quick and easy as in Cheeseman and Vaughan.

    • Hansard has made things a lot easier and Lord Denning admitted to use Hansard in Davis v Johnson
    • international treaties is useful as it allows judges to make sense of EU law
  9. using Hansard may make reference to what a minister had said in Parliament, as in Pepper v Hart, but it may not actually be the same as what Parliament as a whole intended.

  10. There is a danger that because external aids such as dictionaries are used they may undermine the Act itself and it should be the case that the Act which is made by a supreme Parliament should be supreme.

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AS - Level Law (Statutory Interpretation ) Mind Map on External aids, created by Jess Hughes on 10/05/2016.
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Jess Hughes
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