Presumption of legality meaning

Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or considerations cast real doubt upon it, the provision is to be applied according to its plain meaning. In such a situation, the plain meaning will correspond with the legislative purpose...

There are three main principles of statutory interpretation relevant to the protection of human rights in the UK: a statutory obligation in section 3 of the Human Rights Act 1998 (HRA 1998) to construe legislation, so far as possible, in a manner consistent with Convention rights the presumption that Parliament does not, absent clear wording, curtail fundamental rights — the interpretative ‘principle of legality’ the presumption that Parliament does not intend to enact measures contrary to the United Kingdom's international duties, including under international human rights instruments — the presumption of compatibility Before the UK left the EU, further presumptions guided the reading of statutes in line with UK obligations stemming from EU law. Although the UK is no longer an EU member, such presumptions may still matter for questions of assimilated law (or issues of retained EU law as it operated in the 2021–23 period). However, because the Charter of Fundamental Rights of the European Union was expressly excluded from retained...