Para 1 Judicial powers

Question 1

1.1 Section 3

Answer 1

-Requires courts to interpret legislation”so far as it is possible to do so”.In a way comptabible with convention rights
-in Ghaidan v Godin-Mendoza 2004 The court reinterpreted legislation to cover same sex couples

Question 2

1.2 Lord millett and lord irvine

Answer 2

-Lord milett described this power as allowing courts to “read in” or “read down” courts can even adopt interpretations that are “intellectually defensible” but go against the ordinary meaning — including reading in or reading down words.

-Lord irvine called section 3”a new powerful tool of interpretation”.However this led to the suggesting that it resembled a strike down power but the courts have shown restraint in using section 3

Question 3

1.3 Section 4

Answer 3

Section 4 allows courts to issue a declaration of incompatability
-Hansard estimates that only 1% of cases would require this route.The declaration does not invalidate the legislation,leaving parliament to decide whether to amend the law
-This suggest that although parliament remains sovereing courts can exert political and moral pressure that leads to egislative change,which may be seen as constraining parliamentary sovereignty