Statutory Interpretation - Effects/Aids
Effect of EU law
🏴 Human Rights Act 1998 Effect
Aids to Statutory Interpretation
Summary
European Court of Justice uses purposive approach when interpreting EU law
English judges therefore use purposive approach when interpreting English law that has been passed as a result of EU legislation (only when dealing with EU law)
more likely to use purposive approach in general, even after the UK leaves the EU and no longer has to interpret English law to reflect the wording and purpose of EU law
🚩 Mendoza v Ghaidan: went against the right to not be discriminated against, Act was changed to be compatible with Human Rights
🏴 s.3 Human Rights Act 1998: legislation must be read and given effect in a way which is compatible with the rights in the European Convention on Human Rights
only relevant where a case involves one of the rights
Intrinsic aids
Extrinsic aids
within the Act
outside the Act
e.g. long title, short title, preamble (introductory paragraphs), headings, interpretation section, schedules
e.g. dictionaries at the time, earlier cases/statutes on the same topic, Hansard and Law Commission reports
🚩 Cheeseman v DPP
there is a variety of approaches judges use
Hansard
written record of debates in Parliament
until 1993 and 🚩 Pepper v Hart, could not be used
the method chosen often depends on individual preference and the type of law being interpreted
there is a balance to be struck between the separation of powers and the need to promote fairness