So I'm studying for my AS law exam and when I was studying statutory interpretation it said to mention the human rights act 1998 section 2 and 3 but I was wondering in what capacity, any help would be greatly appreciated😊
as law statory interpretation Watch
- Thread Starter
- 07-04-2016 18:33
- 07-04-2016 19:56
Don't know what your course syllabus is but a general point about the HRA is that s2 requires judges to take into account decisions made by the European Court of Human rights when determining a question based on Convention rights
More significantly perhaps for you in terms of statutory interpretation is that s3 of the HRA requires the courts, "so far as possible to do so" to interpret legislation in accordance with the Convention.
This means that Acts of Parliament should be interpreted in the light of the European Convention rights. This has lead to some UK Acts being interpreted in a manner which Parliament didn't initially intend, but the courts have the power to do this as Parliament wants legislation to be Human Rights compliant.
Hope that helps