The effect of EU law &the Human Rights Act 1998 Flashcards
When did the UK become a member of the European Union?
1973
What is the most popular approach adopted by the European Court of Justice in interpreting European law?
purposive approach
How does the UK’s membership in the European Union extend the use of the purposive approach (2)?
1) law passed as a result of having to conform to a European law, the purposive approach is the correct use
2) the fact judges have to use the purposive approach for European law makes them more accustomed to it
In what case did the European Court of Justice rule that you must interpret law in the light and the aim of the European law?
Marleasing case 1992
What case is an example of when English courts interpret law by looking at the purpose of the relevant European Union law ?
Diocese of Hallam Trustee v Connaughton 1996
DHTvC 1996
What section of the HRA says that as far as it is possible to do so legislation must be read and given effect in a way which is compatible with the rights in ECHR
s3
What does s3 of the HRS say?
that as far as it is possible to do so , legislation must be read and given effect in way which is compatible with the rights in ECHR
What case is an example of when there is an effect of the HRA on interpretation?
Mendoza v Ghiadan 2002
What was the outcome in the case of Mendoza v Ghiadan 2002?
the Court of Appeal ignored a House of Lords judgement which had been made prior to the implementation of the HRA
What was a HOL decision regarding the Rent Act 1977 and if same sex partners had the right to take over the tenancy?
HOL ruled that same sex partners did not have the right under the Rent Act to take over the tenancy
Why did the Court of Appeal go against the previous decision by the HOL in the case Mendoza v Ghiadan 2002?
as the Rent Act had to be interpreted to conform to the ECHR which forbids discrimination on the ground of gender
