Membership of the Eoropean Community and the effects of the Human Essay

Membership of the Eoropean Community and the effects of the Human Rights Act 1998 has had little dissemble on the approaches to statutory interpretation practiced - Essay Examplee eatable of the European company of Human Rights could not be used for purposes of statutory interpretation.4Parliamentary sovereignty means that UK law can override international law7, however, the Communities Act of 1972 and the Human Rights Act have raised the question of supremacy of EU law over national law and its application within the country.In the grammatical case of FitzPatrick v Sterling8, the Courts had denied statutory recompenses to a same sex surviving spouse. In the case of Ghaidan v Mendoza9 Mr. Mendozas application for statutory tenancy on grounds of discriminatory violation of his Convention Rights under Article 14 and Article 8 on the basis of his sexual orientation, were allowed, in order to protect his freedom to choose his own sexual lifestyle. The case of Bellinger v Bellinger1 0 deals with the issue of the freedom of a transsexual man-to-woman to his private life and the right to marry, and the Parliament in UK is legislating on the issue of making national law compatible with that laid rarify by the ECHR in the case of Goodwin v UK11 in which a transsexuals right to marry was upheld by the Court, thereby upholding the individuals right to privacy and a normal life.In the Ghaidan case, Mr. Mendoza contended that the House of Lords should exercise its interpretative power to read and give effect to Para 2(2) on statutory rights to prepare it compatible with Convention rights that guarantee fundamental human rights, including succession rights, which prohibit discrimination on grounds of sexual orientation. The grounds that were offered in support were the provisions of Section 3 of the Human Rights Act, which states that Parliament legislation must be read and given effect to in a way that will be compatible with Convention rights so far as it is possibl e to do so.12 Further more the Human Rights Act of 1988 incorporated the goals of the European Convention of Human Rights13 within the framework of national law, by including a provision