Extrinsic aids and the Human Rights Act 1998

Overview

Recall questions on extrinsic aids, including previous Acts, dictionaries, the Interpretation Act 1978, Law Commission reports, treaties and textbooks, Hansard under Pepper v Hart, and interpretation under sections 2 and 3 of the Human Rights Act 1998 and Ghaidan v Godin-Mendoza.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Why might judges consult previous Acts on the same subject matter?

   Model answer

   To show how Parliament has historically addressed similar issues.

2. 2

   What is Hansard and what case established when it may be consulted?

   Model answer

   Hansard records parliamentary debates; Pepper v Hart established when it may be consulted to determine legislative intent.

3. 3

   What are extrinsic aids in statutory interpretation?

   Model answer

   Sources outside the statute that assist judges in determining legislative meaning.

4. 4

   What conditions must be met under Pepper v Hart for Hansard to be used?

   Model answer

   The legislation must be ambiguous and there must be a clear ministerial statement that addresses the point in question.

5. 5

   How can Law Commission reports assist statutory interpretation?

   Model answer

   They can indicate the mischief Parliament intended to remedy when the legislation was enacted.

6. 6

   When may international treaties and conventions be consulted as extrinsic aids?

   Model answer

   When domestic legislation was enacted to give effect to international obligations.

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