Modyfikacja wykładni sądowej w Zjednoczonym Królestwie
Modification of judicial interpretation in the United Kingdom

Summary/Abstract: The article is devoted to a significant practical issue of the modification of judicial interpretation in the United Kingdom resulting from the incorporation of the European Convention on Human Rights into the internal legal order of the United Kingdom. The incorporation took effect due to the enactment of Human Rights Act. Ever since it came into force in 2000, UK courts have been obliged to apply interpretative procedures previously unknown to the UK judicial practice. Owing to a new interpretation technique in the United Kingdom a new type of case law has been created, taking into account vast importance of freedoms and rights safeguarded by the Convention and established by the European Court of Human Rights. The introduction of the principle of interpretation compatible with the Convention is qualified as a constitutional modification. The mainly purpose, not literal — as it was the case previously - character of interpretation results inits widening nature. This widening of judicial interpretation of UK legislation takes effect in view of the purposes determined in the Convention and for which the Convention was created. In the area of argumentation the Author refers to opinions of such representatives of UK doctrine and judiciary as Lord Bingham, Lord Cook of Thorndon, Lord Hope, Lord Lester of Heme Hill QC, Lord Slynn, Lord Wilberforce or Lord Woolf.

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