Statutory interpretation- Impact of EU law and of the Human Rights Act 1998 Flashcards
What is the difference between UK and EU law?
-less specific style of drafting.
-meant UK had to adopt more of a purposive approach.
What did Lord Scarman say in the case of Bulmer v Bollinger (1979)
-cause problems with traditional rules judges use
What is the UK likely to do now it has left the EU?
-continue using the purposive approach.
What does S3 of the HRA 1998 outline?
-legislation must be read in a way which is compatible with the human rights act.
Fitzpatrick v Stirling Housing Association Ltd (1999)
HRA
-before HRA so it did not apply.
Ghaidanv Godin-Mendoza (2004)
-after HRA
-extended rights of same-sex couples
-living together/spousal status.