In reading legislation1 in a way which is compatible with the Convention rights2 the courts have not always taken the same approach3. The House of Lords has held that judges cannot overrule decisions which the language of the statute shows have been taken on the very point at issue by the legislator4, but have also held that the mere fact that the language under consideration is inconsistent with a Convention-compliant meaning does not of itself make a Convention-compliant interpretation impossible5 and have gone beyond using interpretative techniques and, in effect, rewritten the provision in question6. The court is not
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234