Statutory interpretation- Impact of EU law and of the Human Rights Act 1998 Flashcards

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1
Q

What is the difference between UK and EU law?

A

-less specific style of drafting.
-meant UK had to adopt more of a purposive approach.

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2
Q

What did Lord Scarman say in the case of Bulmer v Bollinger (1979)

A

-cause problems with traditional rules judges use

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3
Q

What is the UK likely to do now it has left the EU?

A

-continue using the purposive approach.

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4
Q

What does S3 of the HRA 1998 outline?

A

-legislation must be read in a way which is compatible with the human rights act.

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5
Q

Fitzpatrick v Stirling Housing Association Ltd (1999)

HRA

A

-before HRA so it did not apply.

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6
Q

Ghaidanv Godin-Mendoza (2004)

A

-after HRA
-extended rights of same-sex couples
-living together/spousal status.

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