Topic: Title, Preamble and Marginal Notes as Intrinsic Aids in the Construction of Statute

23 Pages Posted: 2 Feb 2013

Date Written: February 3, 2013

Abstract

The research topic deals with the concept of “title, preamble and marginal notes as intrinsic aids in the construction of statute.” The researcher would like to give the meaning of the intrinsic aid. Intrinsic aid is that aid for the process of construction which may be found within or before the corner of the statute. So intrinsic aid is the internal aid in the construction of statutes which is derived from (1) Title (2) Preamble (3) Headings (4) Marginals notes (5) Punctuation (6) Illustrations (7) Definition section or interpretation clause (8) Proviso (9) Explanation (10) Schedules and (11) Transitional Provision.

On the other hand the extrinsic aid is that aid which is taken from the outside of the statute such as dictionary, parliamentary history, historical facts and surrounding circumstances etc. By the virtue of the intrinsic aid the court finds out the real meaning and the will of the legislature only in case of ambiguity in a statute. If there is no ambiguity, it is not necessary to take help from the intrinsic aids and the court used to confer the plain meaning of the statutes.

Keywords: title, preamble, marginal notes

Suggested Citation

Ali, S. K., Topic: Title, Preamble and Marginal Notes as Intrinsic Aids in the Construction of Statute (February 3, 2013). Available at SSRN: https://ssrn.com/abstract=2210976 or http://dx.doi.org/10.2139/ssrn.2210976

S. K. Ali (Contact Author)

Balurghat Law College ( email )

Dakshin Dinajpur, West Bengal 733103
India
9775390699 (Phone)

HOME PAGE: http://www.linkedin.com/pub/sk-jahangir-ali/63/b58/69?trk=shareFB

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
1,280
Abstract Views
8,479
rank
18,392
PlumX Metrics