Internal Aid and External Aid in Statute

There are several ways to assist judges in interpreting statutes there exist various aids that they may refer to. Aids to statutory interpretation are divided into internal aids and external aids. These are sometimes referred to as intrinsic aids and extrinsic aids to interpretation.
Internal aids are parts of the statute itself. They may be used as aids in interpretation. There are short titles, long title, preamble, marginal notes, headings, punctuation and other judicial decision fall under this category.
It became established in the nineteenth century that the long title could be considered as an aid to interpretation. 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"
Long Title of an act is basically found at the beginning.  In Fisher v Raven, the long title is an act of abolition of imprisonment for debt for punishment of fraudulent debt while the Short title will be the Debtor Act 1869.

When there is a preamble it is generally in its recitals that the mischief to be remedied and the scope of the Act are described. It is therefore clearly permissible to have recourse to it as an aid to construing the enacting provisions. It is to figure the purpose of the legislation. For instance, in AF v Prince Ernest Augustus, it is permissible for judge to get help from preamble as aid to interpretation.

The Marginal Notes in Malaysia unlike in England is part and parcel of a statute. This is expressed in Cashin v Murray which has been reaffirm in Lim Phin Khian v Kho Su Ming, the judge refer to the marginal note which states that section is a saving provision. The marginal swords are usually printed out at the side of section in an Act to act as summarize effect.

The Headings may be considered as part of the context. It is prefixed to sections and mainly explains what the section about. The Punctuation is very important although it has only comma or tiny symbol. In IRC v Hinchy. The modern act’s punctuation can be looked and not regard to older Acts.

The external Aids to interpretation including historical settings.
A judge may consider the historical setting of the provision that is being interpreted.
Dictionaries are commonly consulted as a guide to the meaning of statutory words. Textbooks may also be consulted.The practice followed in the past may be a guide to interpretation. For example, the practice of eminent conveyancers where the technical meaning of a word or phrase used in conveyancing is in issue.

The official reports such as Hansard is a kind of material may be considered as evidence of the pre-existing state of the law and the "mischief" with which the legislation was intended to deal. However, it has been held that the recommendations contained therein may not be regarded as evidence of Parliamentary intention as Parliament may not have accepted the recommendations and acted upon them. Hansard in Malaysia is a report of parliamentary proceeding when legislation ambiguous leads to adsurdity. The treaties that signed by Malaysia government might be useful to refer to. It was held by the House of Lords in Davis v Johnson (1979) that a court may not refer to Parliamentary materials for any purpose whatsoever connected with the interpretation of statutes. The prohibition covered such materials as reports of debates in the House and in committee, and the explanatory memoranda attached to Bills. Then in Pepper (Inspector of Taxes) v Hart [1993] AC 593, the House of Lords significantly relaxed the general prohibition.


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