BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

BENNION ON STATUTORY INTERPRETATION
Fifth Edition Updating Notes (Version 24, 25 Mar 2010)
Section 447. Article 9 of Convention (freedom of thought, conscience and religion)
Pages 1362-1363 Relevant index entry: European Convention on Human Rights: Art 9 (thought,
conscience and religion)
In C v United Kingdom App. No. 10358/83, 37 ECHR Dec & Rep 142, the European
Commission declared inadmissible a claim by a Quaker that he should not be required to pay
tax insofar as it was used to finance weapons research. The Commission said (at 147) that art 9
„primarily protects the sphere of personal beliefs and religious creeds, i.e. the area which is
sometimes called the forum internum.‟ Accordingly art 9 „does not always guarantee the right
to behave in the public sphere in a way which is dictated by such a belief‟: see 9 [2009] EWCA
Civ 1357 at [57]. In the latter case the English Court of Appeal upheld a finding that her
employer was entitled to compel Ms Lillian Ladele to register civil partnerships even though
she objected to officiating at such registrations on the ground of her religious belief. Lord
Neuberger MR (at [60]) cited Sachs J in Christian Education South Africa v Minister of
Education (2000) Case CCT 4/00, para 35 (Constitutional Court of South Africa):
„The underlying problem in any open and democratic society based on human dignity,
equality and freedom in which conscientious and religious freedom has to be regarded with
appropriate seriousness, is how far such democracy can and must go in allowing members of
religious communities to define for themselves which laws they will obey and which not.
Such a society can cohere only if all its participants accept that certain basic norms and
standards are binding. Accordingly, believers cannot claim an automatic right to be exempted
by their beliefs from the laws of the land. At the same time, the state should, wherever
reasonably possible, seek to avoid putting believers to extremely painful and intensely
burdensome choices of either being true to their faith or else respectful of the law‟.
Section 455. Article 1 of First Protocol (protection of property)
Pages 1368-1369 Relevant Index entry: European Convention on Human Rights:First Protocol, Art
1 (protection of property)
It would infringe Art 1 to hold that the sole surviving member of an unincorporated
association cannot claim the assets of the association and that they vest in the Crown as bona
vacantia: Hanchett-Stamford v Attorney General and another [2008] EWHC 330 (Ch), [2008]
4 All ER 323, at [47]-[49].
Section 462. Meaning of terms defined in or connected with Human Rights Act 1998
Page 1373 Relevant Index entry: Human Rights Act 1998:interpretation of
As to „necessary in a democratic society‟ see Corporate Officer of the House of Commons v
The Information Commissioner & Ors [2008] EWHC 1084 (Admin), [2009] 3 All ER 403, at
[43].
Section 463. Meaning of ‘the Convention’.
Page 1376 Relevant Index entry: Human Rights Act 1998:‟Convention, the‟, meaning of [New entry,
not in fifth edition]
For the effect of the words „as it has effect for the time being in relation to the United
Kingdom‟ see R (On The Application of Bancoult) v Secretary of State For Foreign and
Commonwealth Affairs [2008] UKHL 61, [2008] 3 WLR 955, at [65].
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