SI Other legislation law making Flashcards

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1
Q

EU law impact

A

Accepted purposive approach was correct when dealing with EU law.

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1
Q

What will judges continue to do?

A

Judges are likely to continue to use purposive approach as well adjusted to it.

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2
Q

What happened in factor tame?

A

EU law prevailed over act of parliament. Seen as being in conflict with parliament supremacy.

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3
Q

Since leaving the Eu whats changed with the legislation?

A

From time of leaving, EU law was no longer supreme to that of UK law.

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4
Q

Human rights Act 1998 Impact

A

As far as possible to do so, legislation must be read and given effect in a way that is compatible with European convention human rights.

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5
Q

When does the approach of human rights act 1998 apply?

A

Approach applies when one of convention rights is an issue but not otherwise.

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6
Q

Human rights act 1988 Example

A

Ghaidan

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7
Q

What happened in Ghaidan?

A

ECHR made compliant with the rent act so same sex partners could have same rights as unmarried heterosexual couples.

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