what is the name of the statute involved in the case of Royal college of nursing of the united kingdom v DHSS?

speeches of members of the House of Lords in the case of Royal college of nursing of the united kingdom v DHSS

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  • 1 decade ago
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    Health Professions, Constitutional, Health Professions Casemap

    1 Citers

    The court was asked whether nurses could properly involve themselves in a termination procedure not known when the Act was passed. Held: Lord Wilberforce said, in dissenting: 'In interpreting an Act of Parliament it is proper, and indeed necessary, to have regard to the state of affairs at the time. Leaving aside cases of omission by inadvertence, when a new state of affairs, or a fresh set of facts bearing on policy, comes into existence, the courts may consider that they fall within the Parliamentary intention, if they fall within the same genus of facts as those addressed. They may also do so if there is a clear purpose in the legislation which can only be fulfilled if the extension is made. How liberally these principles may be applied must depend upon the nature of the enactment, and the strictness or otherwise of the words in which it has been expressed. The courts should be less willing to extend expressed meanings if it is clear that the Act in question was designed to be restrictive or circumscribed in its operation rather than liberal or permissive. They will be much less willing to do so where the subject matter is different in kind or dimension from that for which the legislation was passed. In any event there is one course which the courts cannot take, under the law of this country; they cannot fill gaps; they cannot by asking the question 'What would Parliament have done in this current case - not being one in contemplation - if the facts had been before it?' attempt themselves to supply the answer, if the answer is not to be found in the terms of the Act itself.

    Abortion Act 1967

    The case cite is: Royal College of Nursing of the United Kingdom -v- Department of Health and Social Security [1981] AC 800; [1981] 1 All ER 545 CA and HL(E); [1981] 2 WLR 279; [1980] UKHL 10

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    6 years ago

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  • nedeau
    Lv 4
    4 years ago

    The surname of the Queen's direct descendants is Mountbatten-Windsor. In 1960, The Queen and The Duke of Edinburgh desperate that they could like their very own direct descendants to be outstanding from something of the Royal kinfolk (devoid of adjusting the call of the Royal homestead), as Windsor is the surname utilized by ability of all the male and single lady descendants of George V. It replaced into consequently declared that The Queen's descendants, different than those with this variety of Royal Highness and the call of Prince/Princess, or lady descendants who marry, could carry the call of Mountbatten-Windsor. The surname Mountbatten-Windsor first appeared on an expert record on 14 November 1973, interior the marriage sign up at Westminster Abbey for the marriage of Princess Anne and Captain Mark Phillips. The Queen's youngest grandchild, woman Louise Mountbatten-Windsor, is the 1st properly named descendant, regardless of the indisputable fact that, for ease of use, she is often pronounced as woman Louise Windsor.

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