SI Other legislation law making Flashcards
EU law impact
Accepted purposive approach was correct when dealing with EU law.
What will judges continue to do?
Judges are likely to continue to use purposive approach as well adjusted to it.
What happened in factor tame?
EU law prevailed over act of parliament. Seen as being in conflict with parliament supremacy.
Since leaving the Eu whats changed with the legislation?
From time of leaving, EU law was no longer supreme to that of UK law.
Human rights Act 1998 Impact
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.
When does the approach of human rights act 1998 apply?
Approach applies when one of convention rights is an issue but not otherwise.
Human rights act 1988 Example
Ghaidan
What happened in Ghaidan?
ECHR made compliant with the rent act so same sex partners could have same rights as unmarried heterosexual couples.