Commentary

A2.303 Interpretation of UK legislation

Administration and compliance

A2.303 Interpretation of UK legislation

A2.303 Interpretation of UK legislation

In interpreting UK legislation in accordance with Convention rights, UK courts and tribunals must have regard to the earlier jurisprudence of the ECtHR and the EComHR1. However, this authority is persuasive, but not binding on UK courts2. In R (Alconbury Developments Ltd and others)3, Lord Slynn said that 'in the absence of some special circumstances' the court should follow the jurisprudence of the ECtHR. As Lord Slynn's justification for this rule was to prevent unsuccessful applicants appealing from the domestic courts to the ECtHR in order to rely on the ECtHR jurisprudence, this suggests that it is permissible for UK courts to depart from the Strasbourg jurisprudence to extend, rather than reduce, the protection given under a particular right under the Convention.

The rule under HRA 1998, s 3 that UK legislation must be read and given effect in a way which is, so far as is possible, compatible with the Convention rights is a 'strong'

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