How Creative Judicial Interpretation Has Changed Over The Last 50 Years Essay

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There are various ways in which the judicial role has been subject to change over the last 50 years, this essay will focus on how creative judicial interpretation has now replaced the more traditional literal interpretation used prior. With the enactment of new case law and legislation such as The Human Rights Act (HRA), a wider judicial interpretation has become more accepted as the UK constitution is taking a more contemporary shape in parallel to our changing environment. The Contemporary UK constitution is now less rigid than that traditionally known, it is beginning to move away from the belief that Parliamentary Sovereignty is the cornerstone of our constitution and becoming more accepting of change.

The HRA 1998 has been heavily involved in the gradual change towards the wider judicial interpretation we have seen over the last 50 years. Drawing attention to S.3 of the act which states ‘So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.’ This was the first time the British courts had such powers of reviewing primary legislation and saw a shift in the way people looked at the principles of the constitution. Although academics such as Wade saw this as a constitutional milestone towards a new legal culture, others such as Ewing thought the act represented a shift in political power towards the judiciary, either way it has been thought to strengthen

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