• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Describing the Rules and Aids to Statute interpretation. Including Advantages and Disadvantages.

Extracts from this document...


Briefly describe the aids to interpretation used by judges. There are two types of aids that judges can use to interpret statutes, these are Intrinsic and Extrinsic. Intrinsic Aids are connected to the wording and/or punctuation within the Act itself. If using the Intrinsic Aid to interpret an Act of Parliament they will either examine the statute as a whole or study the relevant parts to see if they can define the overall purpose of the legislation. They may find that an interpretation of a certain section of the legislation would lead to an absurd result when another section is also taken into account. All legislations have both a shortened title and a long title. With Intrinsic Aids, they need to look at both to help resolve doubt. The long title can be examined as part of the whole context. Said by Lord Simon in the case: The Black-Clawson 1975 the long title should be read as part of the context 'as the plainest of all the guides to the general objectives of a statute'. ...read more.


In the case of R v Judge of the City of London Court 1892, Lord Esher said 'If the words of an act are clear then you must follow them even though they may lead to a manifest absurdity. The court has nothing to do with the question whether the legislation has committed an absurdity'. Judges can apply the literal rule in whichever case they wish to do so, for example in the case of Cutter v Eagle Star Insurance in 1998, the claimant [Cutter] was injured when a can of lighter fuel exploded while he was sitting in his friends car in a car park. The House of Lords ruled that the insurance company was not liable to pay out on the drivers policy as the Road Traffic Act 1988 states that they are insured for 'injury caused while on a road'. The House of Lords said that the car park was not a road as roads are for cars to move along it to a destination One of the disadvantages to this rule is quite obvious; it can produce absurd and rather harsh rulings and sometimes means that Parliament has to pass an amending Act. ...read more.


In the Adler v George case, the law said it was an offence to obstruct HM Forces 'in the vicinity of' a prohibited place. The defendants argued that they had actually been in the prohibited place and therefore not 'in the vicinity' of it thus meaning they were not liable. The court applied a second meaning under the Golden rule and stated that 'within the vicinity' meant near or actually in the place, finding them actually to have committed an offence. One advantage of this rule is that it allows harsh and absurd decisions to be avoided by some degree, meaning the rule is much more flexible and so the Act is interpreted in a way it was possibly meant to be read. It also allows judges to avoid objectionable and adverse decisions like in the Re Sigsworth case. Never the less there are also disadvantages to this rule. By using this rule it is clear that judges are 're-writing' statutes which only parliament is supposed to be able to do and is also disrespecting the words that Parliament have stated. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

4 star(s)

Summary:A generally accurate account of aids to interpretation and two rules that help judges give a meaning to words in an Act. The explanation is well supported by case authorities.
Rating: ****

Marked by teacher Nick Price 06/06/2013

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    Explain and Comment on the role of the Criminal Cases Review Commission.

    4 star(s)

    The Commission's involvement ends at this point, and it is up to the applicants and their representatives (family or lawyers) to present their best case to the Court of Appeal. The Commission can review convictions and sentences imposed in criminal cases that were originally heard in the Magistrates' or Crown Courts in England, Wales or Northern Ireland.

  2. Marked by a teacher

    ‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for ...

    4 star(s)

    It also includes members of the clergy and people who are registered as having a mental disorder, who are not necessarily in a position to make a decision as would be required of them as a juror. Automatic disqualification includes anyone who has been on probation in the preceding five

  1. Critically analyse the relationship between law and justice.

    Whilst this statement is the epitome of the criminal justice system, which is heavily driven by justice, it does not take into consideration the civil system, which whilst based on justice is designed to allow us to do something rather than to forbid us from doing something; marriage, civil partnerships and divorce are all examples of which.

  2. The Bail Act 1976 gives a general right to bail, no matter how serious ...

    the current policy on bail that it usually given unless the defendant poses harm to the public. Also it may be difficult to get lawyers as they are less likely to want to represent someone who they would believe that there is a strong possibility that they are guilty.

  1. Evaluate how effectively governments and our legal system have recognised and responded to the ...

    In 1909, the Aborigines Protection Act was passed which led to further forcible control of the Aboriginal society. Assimilation was the next government policy implaced.

  2. THE ACCESS to JUSTICE ACT 1999 Civil Cases The state funding of civil cases ...

    1st 2001 only firms with such contracts will be able to get state funding for advice and representation given. The Legal Services Commission is to set up a quality mark (see below) and this together with the contracting scheme will help consumers feel more confident of the service they will receive from the suppliers of legal advice.

  1. Describe trial by jury within the English legal system. How effective is trial by ...

    The jury may not understand complex issues, particularly in fraud cases and they may be prey to 'jury nobbling' by criminals, and be susceptible to influence verdicts for bribes or blackmail. Lord Denning in 1988, stated following the trial in Leeds Crown Court that 'you may get girls or lads

  2. Describe the use of the Practice Statement using the sources and other cases. [15 ...

    However, in the latter case, society?s standards had changed and our attitude to children was that they needed extra protections, and so the overruling decided that a duty of care is owed to a child trespasser. Another example of the use of the Practice Statement in the civil law is

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work