Concerns that unelected and unrepresentative judges are ‘legislating’ rather than interpreting the law or are interfering in matters of ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike.” Masterman, R.,
‘Taking the Strasbourg Jurisprudence into Account: Developing a ‘Municipal Law of Human Rights’ under the Human Rights Act’ (2005) 54 International and Comparative Law Quarterly 907 Considering the statement above, examine the extent to which section 3 of the Human Rights Act 1998 can be said to allow judges to ‘legislate’ rather than interpret the law and explain how this could be said to interfere with parliamentary sovereignty.
You should explain how the approach to statutory interpretation in section 3 of the Human Rights Act 1998 differs from the traditional approaches to statutory interpretation. You should use cases to highlight key points as well as a range of primary and secondary sources. Fully footnoted Use OSCOLA ReferencingAriel font Point size 12
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