Human rights and statutory interpretation

Produced in partnership with Alexander Campbell of Cornerstone Barristers and Eric Metcalfe of Monckton Chambers

Practice notes

Human rights and statutory interpretation

Produced in partnership with Alexander Campbell of Cornerstone Barristers and Eric Metcalfe of Monckton Chambers

Practice notes

There are three main principles of statutory construction relevant to the protection of human rights in the UK:

•
the statutory duty under section 3 of the Human Rights Act 1998 (HRA 1998) to read legislation in a way which is compatible with Convention rights so far as it is possible to do so
•
the presumption that Parliament does not intend to abridge fundamental rights in the absence of clear words doing so—the interpretative ‘principle of legality’, and
•
the presumption that Parliament does not intend to legislate contrary to the United Kingdom's international obligations, including its obligations under international human rights instruments—the presumption of compatibility

Prior to the UK’s exit from the EU, presumptions also existed in relation to the construction of legislation relating to/in conformity with UK obligations derived from EU law. Although the UK is no longer a member of the EU, those presumptions may continue to be of relevance in relation to matters of assimilated law (of questions of Retained EU law

Alexander Campbell

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

Eric Metcalfe

Monckton Chambers

Eric Metcalfe is a barrister at Monckton Chambers specialising in public law, EU law and human rights. Called to the Bar in 1999, he spent almost nine years as the director of human rights policy at JUSTICE before joining Monckton in 2011. He is listed by the Legal 500 as a leading junior in the field of Civil Liberties and Human Rights. His most recent cases include R(Public Law Project) v Secretary of State for Justice [2014] EWHC 2365 (Admin) and Bingham Centre v Information Commissioner (EA/2014/0097), and he is currently instructed by Liberty in proceedings before the Investigatory Powers Tribunal against the UK intelligence services.

Publications

Contributor to the Rights and Freedoms volume of the 5th edition of Halsbury’s Laws (LexisNexis, 2013).

Editor in Chief of the Human Rights Law Reports - UK Cases (Sweet & Maxwell).

Co-author of the 5th edition of Blackstone’s Guide to the Freedom of Information Act (OUP, 2013).

Jurisdiction(s):

United Kingdom

Key definition:

Retained EU law definition

What does Retained EU law mean?

retained EU law is a legal concept describing EU-derived rights and legislation the UK plans to preserve in UK law after Brexit. It is a defined term under EU(WA)A 2020, and the collective term given to the body of EU-derived laws the UK plans to preserve and convert into domestic UK law once the repeal of the European Communities Act 1972 comes into full effect.

Human rights and statutory interpretation

Produced in partnership with Alexander Campbell of Cornerstone Barristers and Eric Metcalfe of Monckton Chambers