BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

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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]. www.francisbennion.com/5th-edn 66
BENNION ON STATUTORY INTERPRETATION Fifth Edition Updating Notes (Version 24, 25 Mar 2010) Appendix E List of Terms Pages 1419-1424 Relevant Index entry: terms, meaning of (list) Note Entries given below either replace certain of those given in the fifth edition or (where marked with an asterisk) are new entries. Page 1419 act of state* 238 Page 1419 affidavit 1397 Page 1419 associated state 340, 1394 Page 1419 Bank of England 1394 Page 1419 bastard 388, 903 Page 1419 British Islands 342, 343, 351, 1398, 1404 Page 1419 British possession 343, 1395 Page 1419 building regulations 1395 Page 1419 central funds 1049n, 1395 Page 1420 Charity Commission 1395, 1400 (New entry) Page 1420 Charity Commissioners 1400 Page 1420 child 544, 894, 990 Page 1420 Church Commissioners 1395 Page 1420 colonial legislature 1395 Page 1420 colony 345, 897, 1395 Page 1420 commencement 273, 277-287, 744, 1387, 1395 Page 1420 committed for trial 1395, 1416 Page 1420 Communities, the 1395 Page 1420 Community Treaties, the 1395 Page 1420 Comptroller and Auditor General 1396 Page 1420 consular officer 1396 Page 1420 Corporation Tax Acts, the 1396, 1400 Page 1420 county court 141, 145, 1226, 1396 Page 1420 Court of Appeal 148-151, 392, 1396, Page 1420 court of record 139-140 Page 1420 court of summary jurisdiction 145, 1396 Page 1420 Crown Court 140141, 1396 Page 1420 Crown Estate Commissioners 1396 Page 1420 England 346, 1396 Page 1421 family 903, 1201 Page 1421 financial year 1396 Page 1421 Governor-General 1397 www.francisbennion.com/5th-edn 67
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BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

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