Part A Essential elements of the legal system 2: Sources of law 293.4.2 Intrinsic aids
Intrinsic aids to statutory interpretation consist of the following.
The long title of an Act, which may give guidance as to the Act's general objective.
The preamble of an Act often directs the judge as to its intentions and objects.
Interpretation sections to Acts. Particularly long, complicated and wide-ranging Acts often contain
self-explanations.
Side notes. Statutes often have summary notes in the margin.3.4.3 Extrinsic aids
Extrinsic aids include the following.
(a) Reports of the Law Commission, Royal Commissions, the Law Reform Committee and other
official committees.
(b) Hansard, the official journal of UK Parliamentary debates. This follows a decision of the House of
Lords in Pepper v Hart 1992 where it was decided that it is acceptable to look at the original speech
which first introduced a bill to ascertain its meaning, but only if the statute is ambiguous or
obscure or its literal meaning would lead to absurdity.4 The European Convention on Human Rights
The Human Rights Act 1998 is a key example of the influence of International law in the United Kingdom.The Act incorporates the 'European Convention for the Protection of Human Rights and Fundamental
Freedoms' (more commonly referred to as the 'European Convention on Human Rights') into UK
domestic law.
The European Convention on Human Rights is an agreement on basic human rights, put together by
major powers in the wake of the human rights abuses that occurred during World War Two and signed by
those powers, including the United Kingdom, in 1951.
During the second half of the twentieth century, the European Convention on Human Rights was used as
a guideline in the English courts. It was widely believed that UK political and legal institutions were well
suited to the protection of fundamental human rights and that incorporation of the Convention into
English law was not necessary. However, any individual who felt their rights had been violated could take a
case to the European Court of Human Rights (ECHR) in Strasbourg.
Towards the end of the 1990s, it became clear that the British government was of the opinion that it was
not sufficient to rely on existing law to ensure protection of human rights. The Human Rights Act was
developed as a means of ensuring that these fundamental rights were enshrined in the English legal
system. English courts now have a statutory duty to ensure that English laws are interpreted 'as far as
possible' in a manner which is compatible with the Convention Rights incorporated by the Human Rights
Act.
Therefore an individual can ask the UK courts to consider their Convention Rights, instead of taking their
case to Strasbourg. However the ECHR remains the final appeal court for human rights issues.5 The Human Rights Act 1998
The Human Rights Act 1998 incorporates the European Convention on Human Rights (the Convention)
into UK domestic law.
The impact of the legislation is pervasive in many areas of UK law.FAST FORWARD
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