Statutory Interpretation: Effect on EU law and HR

Question 1

What approach is most prefered by EU?

Answer 1

The Purposive Approach

Question 2

How did being part of the EU affect the way in which the UK interprets the law?

Answer 2

Makes judges accustomed to it, more likely to apply it

Question 3

What happened in the Marleasing case?

Answer 3

CJEU ruled that domestic courts must interpret national law in the light of the aim of EU law
To figure out purpose of EU law, judges must use the purposive approach

Question 4

What is the Act for HR?

Answer 4

S.3 HRA 1998

Question 5

What does S.3 HRA 1998 state?

Answer 5

Legislation must be read in a way which is compatible with the rights on the European Conventation on HR

Question 6

What is an example of the HRA 1998?

Answer 6

Fitzpatrick v Stirling House - HOL stated same sex partners didnt have same rights under act to take over tenancy
In Mendoza v Ghaidan - CoA held the Rent Act 1977 had to be interpreted to conform to ECHR which forbids discrimination on grounds of gender - allowed same sex partners to have same rights as umarried opposite sex couples