Tag Archives: statutory interpretation
Bradley W. Miller: Proportionality and Legislative Purpose
In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court. It is a commonplace that the loftier the purpose attributed to the legislation, the more … Continue reading
Filed under Comparative law, Human rights
Richard Ekins: Yemshaw and “updating” statutes
Should judges update the meaning of statutes? Consider Yemshaw v London Borough of Hounslow [2011] UKSC 3, in which the Supreme Court updated a statute. The question in Yemshaw was the meaning of ‘violence’ in s 177(1) of the Housing … Continue reading
Filed under Judiciary, UK Parliament
Christopher McCrudden: Slavery and the constitutional role of judges
How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding of the concept, leaving updating to the legislature? In the United States, disputes between “strict constructionists” who seek to base the meaning … Continue reading
Filed under Human rights, International law, UK Parliament
Secretary of State for Communities and Local Government v Welwyn Hatfield BC
Secretary of State for Communities and Local Government v. Welwyn Hatfield Borough Council [2011] UKSC 15. Mr. Beesley obtained planning permission to build a barn on his land. He built a construction that outwardly resembled a barn, but that was, … Continue reading
Filed under Judicial review
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