Statutory Interpretation - Internal and External Aids

Internal

Other Enacting Words

• Look at the whole statute or relevant parts to gain insight into overall purpose of legislation

The Long Title and the Short Title

• THE LONG TITLE
• Should be read as part of the context
• THE SHORT TITLE
• There is some question as whether the short title should be used to resolve doubt

Preamble (Mischief)

• Will generally state the mischief to be remedied and the scope of the Act

Headings, Side Notes and Punctuation

• 
• May be considered as part of the context

External

Dictionaries and Other Literary Sources

• 
• Used as a guide to meaning of statutory words
• OF THE TIME

Official Reports

• 
• Reports from the Royal Commission, Law Commission or any other form of advisory committee
• May be evidence as pre-existing states of the law and the mischief that needed to be remedied

Slide 9

• 
• Pepper v Hart referred to Hansard which was discussed in Davis v Johnson
• Hansard may now be used where:
• 1. Legislation is obscure
• 2. The material relied on consists of one or more statements by a minister which must be considered together to understand the effect
• 3. The statements relied on are clear