Essay
Disadvantages of intrinsic aids
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- OCR
Essay of 1 pages for the course AS Unit G151 - English Legal System at OCR
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Describe the disadvantages of intrinsic aids tointerpretation 8
Initially, a disadvantage of intrinsic aids to interpretation is that modern acts do not
always contain a preamble. This is a disadvantage as it reduces clarity in verdicts
that are made in court. This is also a disadvantage because it leads to an increase in
judicial law making. On the other hand, this reinforces the fact that judges are the
ones who have to apply the law so they should have a greater impact on it.
In addition, another disadvantage of intrinsic aids to interpretation is that they do not
always reinforce Parliaments intentions. This is a disadvantage because it does not
uphold Parliamentary Sovereignty. This is also a disadvantage because it increases
the likelihood that a wrong verdict will occur.
A further disadvantage of intrinsic aids to interpretation is that they are likely to be
efficient to help judges. This is a disadvantage as it can increase the amount of time
that a case is in court. This is also a disadvantage because it leads to increased
court costs due to needing legal representation for longer. On the other hand, they
lead to an increase in the understanding of Parliaments intentions.
Lastly, another disadvantage of intrinsic aids to interpretation is that they do not
solve miscommunications of words. This is a disadvantage because it can lead to
judges still using the wrong definition of a word. This is also a disadvantage because
this reduces the fairness of court cases as they may have similar cases but different
judges may apply the law differently. On the other hand, appeals are possible and
therefore, this does not seem a major issue.
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