The Human Rights Act Has Changed The Rules Of Statutory Interpretation
“If the court is satisfied that the provision is incompatible with a Convention right, it may make the declaration of that incompatibility”.
Do you agree that the Human Rights Act 1998 has fundamentally changed the rules of statutory interpretation? Discuss
The Human Rights Act of 1998 (HRA) was introduced to coincide with the European Convention on Human Rights (ECHR). The aim of the Act was to incorporate conventions present in the ECHR, with that of UK laws. With the introduction of HRA there came significant change to Statutory Interpretation. Statutory Interpretation is process by which courts are able to interpret and apply Statues and Legalisations. This essay will discuss whether the HRA has fundamentally changed the rules of statutory interpretation. The Act played a major role in shaping statutory interpretation. According to Richard Ward and Amanda Akhtar “The long title describes it as ‘an Act to give further… Convention’” (Ward & Akhtar 2011 Page 45,46) . This gives the court major control and power over the case and significantly enhances the courts power over interpretation of legislations. The major section in the HRA that allows court to have such authority is Section 3 of the Human Rights Act 1998. Section 3 of the HRA 1998 states that legislations must be read and implemented in a way that is parallel with the European Conventions of Human Rights. If a court finds that a provision is incompatible it may make a declaration of…