Critically analyse the extent, if any, to which Britain’s me

Previously there have been three recognised rules for statutory interpretation, it is necessary to look at these so the impact of the European Communities Act 1972 can be seen.

The Literal Rule, where the words in the statute must be given their plain and ordinary or literal meaning, to identify the intention of Parliament expressed in the words used.

The Golden Rule, this rule can be used in two ways, firstly in a narrow application, the rule states that if the words in a statute are ambiguous the court should adopt an interpretation which avoids an absurd result. Secondly a broader application which takes into account public policy.

instructions as to the methods by which the objectives of the treaties should be implemented. There is a fundamental difference between the two styles, E.U legislation is drafted in broad, abstract and in terms of general principles, where English statutes are much more detailed and precise.

The first way such penetration occurs is through Article 234 (177). Article 234 is designed to secure the uniform judicial interpretation of European Community Law. Under this article a case from the House of Lords can be referred to the ECJ for a ruling on the interpretation of E.U law, where ambiguity has arisen between the English law and E.U law. Paragraph 3 states that if a point raises ambiguity in the final court of appeal there is a duty to refer the point in question to the ECJ. The opinion of the ECJ will be considered by the English judges and the English judges will need to resolve the ambiguity by modifying their traditional approaches by ‘gap

The European Communities Act defines the status of the EU law, governs its relationship with the national law and gives directions to the English judges on the inter-relationship between the EU and English legal orders.

The ECJ not only has the role of interpreting an issue of E.U law but also to question the adequacy and applicability of national law, with regards to it being compatible with E.U law. However English judges have an alternative to referral under section 3(1) the opportunity to determine E.U law themselves, in accordance with the principles laid down by and any relevant decision of the ECJ.

The Ambiguity Interpretation Approach, this is where there is ambiguity and EC law is used to resolve it, in such a way that it becomes compatible with EC law..

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