constitutional power of the legislature. (iii) In a similar way delegated legislation
or an executive instrument should be read down, where possible, so as not to
be beyond the power of its enabling Act.
Secondary Sources
An English dictionary can be used as a guide to the popular meaning of words.
Older or ancient legal textbooks have some authority where they can be taken
to reflect a widely and long held opinion, or to be based on uncited or
unreported cases. Modern textbooks can be used to illustrate a point. Texts
are not, however, themselves a source of authentic policy. At best, as
explained later, they are a voice of reason.
425
Legislative Aids
Legislative aids cover parts of the statute, other provisions in the statute, the
process of making the statute (to disclose legislative intent), legislative history
and other legislation. Legislative history refers to the amendments which have
been made to a statute since it was first passed (although in the United States
'legislative history' is used to refer to extrinsic material). Other legislation refers
to prior and subsequent Acts on the subject and Acts on related subjects.
Generally all of these statutory aids can be used for interpretation. A court can
look at the
title to of a statute.
426
It can look at other provisions in the
statute.
427
In some jurisdiction, for example the United States, the United
Kingdom and Australia, it can look at the policy trail made when the statute
was enacted.
428
425
Chapter 15 Secondary Sources
426
In Caminetti v United States 242 US 479, 497 (1917) Justice McKenna relied on
the official title to the statute, the White Slave Act of 1910 (ch 395, 36 State 825, 18 SC
§§242-2424), which is popularly known as the Mann Act after its legislative author
James Robert Mann. On this basis the statute was not intended to prohibit or
police relations with consenting girl friends.
427
In Temple v City of Petersburg 182Va 418, 424 (1944) the question was whether
a provision in s56 that forbade a municipal authority to “establish” a cemetery in
certain places prohibited the authority if it chose to “enlarge” an established
cemetery. Justice decided that “establish” did not include “enlarge” because s53
made a clear and express distinction between them.
428
For example in Caminetti v United States
242 US 479, 497 (1917) when
interpreting the Mann Act (White Slave Act of 1910, ch 395, 36 State 825, 18 SC
§§2421-2424) Justice McKenna quoted
directly from speeches from the author
James Robert Mann which indicated that the purpose of the Act was not to
prohibit consensual prostitution but “solely to prevent panders and procurers
from compelling thousands of women and girls against their will to enter and
continue a life of prostitution (Congressional Record vol 50 pp 3368, 3370). For
this reason was not seeking to prohibit conduct purely because it was immoral.
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