External aids to interpretation are tools or materials that are outside the legal document being interpreted and that can be used to help interpret its meaning.
Courts use external aids to interpretation in conjunction with internal aids to interpretation and other principles of statutory interpretation to determine the meaning of a statute. However, the weight given to each external aid may vary depending on the context and purpose of the statute. Ultimately, the court’s interpretation of a statute will depend on a careful consideration of all relevant internal and external aids to interpretation.
Common Examples of External Aids to Interpretation
- Legislative history: The legislative history of a statute can provide valuable insight into the intent of the legislature when enacting the law. This can include committee reports, floor debates, and other documents that were produced during the legislative process.
- Case law: Precedent from previous court decisions can be used to help interpret the meaning of a legal document. This can include decisions from the same court, decisions from other courts, and decisions from higher courts.
- Dictionary definitions: Dictionary definitions can be used to help clarify the meaning of ambiguous or unclear language used in a legal document.
- International law: International treaties, conventions, and other agreements can be used to help interpret the meaning of domestic laws, particularly in cases where the domestic law is ambiguous or unclear.
- Policy considerations: The policy considerations underlying a law or legal document can be used to help interpret its meaning. This can include considerations such as public welfare, economic efficiency, and fairness.
- Historical context: The historical context in which a law or legal document was enacted can be used to help interpret its meaning. This can include the political, social, and economic conditions that existed at the time the law was enacted.