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Essay / Research Paper Abstract
This 7 page paper looks at the way in which the implementation of the Human Rights Act, specifically S3(1), has impacted on the way the judiciary, including the Law Lords, interpreted statues and assesses whether or not they are now making law as well as interpreting law. The issue is discussed looking at the statue and relevant case law. The paper is written with reference to English law. The bibliography cites 4 sources.
Page Count:
7 pages (~225 words per page)
File: TS65_TEHRAinterp.doc
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Unformatted sample text from the term paper:
in which legislation is made and the law utilised to protect individual rights, it may also be argued as impacting on the way judges themselves make decisions when interpreting Acts
of Parliament, effectually legislating for human rights rather than merely interpreting. An important aspect of the judicial system within the UK has been the role of the judges implementing
the legislation; where a literal interpretation of a statute is not clear, it is up to the judges to interpret the law and apply it to the case. Likewise, where
they appear to be conflicts between statutes it is the judicial decision that determines the way in which the case is decided. The implementation of The Human Rights Act has
increased the role of the judiciary in this context, as the Act impacted on the pre-existing legislation, and has been used to challenge existing statutes. This is seen under section
3(1) of the act where it is stated "So far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way
which is compatible with the Convention rights" (Lexis, 2012). In this context the section referring to Convention rights is referring to the European Convention on Human Rights and Fundamental Freedoms
with the section indicating the law should be in interpreted in line with the Convention. The problem is that the law is not always compatible, which has meant the
role of judges and Law Lords in the higher court, has become more complex. However, recent rhetoric places a great deal of emphasis on the duty of judges being merely
to interpret the law rather than legislating (Kavanagh, 2004). However, the role of simply interpreting the law to apply it may be seen as two passive and not suited to
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