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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A court has to interpret a section of an Act that was passed some decades ago. Which of the following is an external aid, as distinct from an internal aid, to interpretation?

The historical setting and circumstances in which the Act was passed is an external aid because it lies outside the statute. The long title, preamble and proviso are internal aids since they form part of the enactment itself.

  1. AThe long title of the Act
  2. BThe Preamble of the Act
  3. CA Proviso to the section
  4. DHistorical setting and contemporaneous circumstances in which the Act was passedCorrect

Explanation

Internal aids come from within the statute, such as the title, preamble, headings, provisos and explanations. The historical setting lies outside the statute and is therefore an external aid. The other three options are parts of the enactment itself.

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