R (Quintavalle) v Secretary of state for Health, [2003] UKHL 13
Citation:R (Quintavalle) v Secretary of state for Health, [2003] UKHL 13
Rule of thumb:What is the correct method for interpreting statutes? They must be quote in full - preamble, category, part, and section quoted in full, and then the key parts of it broken down, explained and argued. Where this not followed in statutory interpretation this is not a textbook approach that has been taken.
Background facts:
The basic facts of this case were that controversial research on embryos, cloning etc was confirmed by the Government to go ahead. It was argued that this breached the Embryology Act, however, the Court held that it did not and the research went ahead.
Judgment:
Where there are vague and controversial statutory provisions, then all the history behind its introduction, principally the purpose the statute was designed to give, and then other sources, namely White Papers, Green Papers, Consultations, Hansard Debates, notes etc, all become very important sources of secondary law to be taken into account in interpreting the statute.
Ratio-decidendi:
‘Every statute other than a pure consolidating statute is, after all, enacted to make some change, or address some problem, or remove some blemish, or effect some improvement in the national life. The court's task, within the permissible bounds of interpretation, is to give effect to Parliament's purpose. So the controversial provisions should be read in the context of the statute as a whole, and the statute as a whole should be read in the historical context of the situation which led to its enactment’, Lord Bingham.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.