Internal Or Intrinsic Aids

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  • Created by: fatima321
  • Created on: 09-02-17 09:57

Internal Or Intrinsic Aids

Advantages

  • It is more respectful of Parliament to look elsewhere in the Act rather than outside the Act
  • It is quick and easy to look at things like marginal notes, which were helpful in Tivnan, or at the long title ( used in Cornwall CC v Baker)
  • Some internal aids like interpretation sections and Schedules are designed to provide definitions and explanations, so it its common sense to look at them e.g. s.10 of the Theft Act explained the meaning of 'weapon of offence'

Disadvantages

  • Problems with wording are not likely to be solved by looking elsewhere in the Act, especially if the words are ambiguous as in Allen or very plain but wrong as in Whitely v Chappell (1868)
  • Internal aids alone are unlikely to be sufficient and if judges were not allowed to refer to anything outside the Act it would be more difficult for them to avoid unfair or absurd decisions

Evaluation

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