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An Intentionalist Defence of Updating Interpretations of Statutes in the UK

Morón, Luciana; (2024) An Intentionalist Defence of Updating Interpretations of Statutes in the UK. Doctoral thesis (Ph.D), UCL (University College London). Green open access

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Abstract

This thesis analyses rulings in which UK courts adopt an ‘updating’ approach to the interpretation of statutes. This approach involves interpreting those statutes according to circumstances, attitudes, and understandings present at the time of adjudication, rather than those prevalent at the time of enactment. The thesis justifies the legitimacy of those interpretations based on the fact that Parliament normally intends courts to perform this updating task, unless it indicates otherwise. The default presumption that this approach should be adopted is known as the ‘always speaking’ principle in the UK and similar jurisdictions. This thesis examines that presumption in detail, including its historical origin, content, and the techniques that Parliament has available to displace it. It argues that the presumption is not a mere judicial doctrine imposed on Parliament. Instead, it reflects the assumptions on which the law-making process is premised. The thesis also defends the legitimacy of this general legislative reliance on courts and analyses the reasons why this may often be a sensible law-making practice. Thus, the argument advanced here contrasts, on the one hand, with ‘originalist’ positions that are sceptical of judicial updating interpretations and, on the other hand, with ‘living instrument’ theories that are sceptical of the existence or relevance of legislative intentions. The theoretical, doctrinal, and empirical work carried out in this thesis aims to strengthen and develop the intentionalist case in favour of updating approaches to legal interpretation.

Type: Thesis (Doctoral)
Qualification: Ph.D
Title: An Intentionalist Defence of Updating Interpretations of Statutes in the UK
Open access status: An open access version is available from UCL Discovery
Language: English
Additional information: Copyright © The Author 2024. Original content in this thesis is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Licence (https://creativecommons.org/licenses/by-nc/4.0/).
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10192580
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