disapplication

But I think my point is more about what 'disapplication' entails.

Vodafone 2 v HMRC 2009

The application or disapplication of sentencing guidelines should be a matter decided on a case by case basis.

Magistrates were told to send rioters to crown court, emails show 2011

Marleasing, and reading in, means the legislation is compliant with EU rules, so direct effect does not lead to its disapplication.

Vodafone 2 v HMRC 2009

This highlights a matter I have raised before here: it is admirable that we plan to seize back powers from Brussels (which is what the phrase ‘disapply unilaterally’ means) but what is Plan ‘B’ for when Brussels refuses to permit us to engage in ‘unilateral disapplication’ of their diktat, as they will as surely as the sun will come up tomorrow.

Stealth Tax Cuts 2007

But why does it matter whether you call that disapplication or reinterpretation?

Vodafone 2 v HMRC 2009

The Chancellor explains in his intro how the issue gets to be one of interpretation vs. disapplication.

Vodafone 2 v HMRC 2009

This highlights a matter I have raised before here: it is admirable that we plan to seize back powers from Brussels (which is what the phrase ‘disapply unilaterally’ means) but what is Plan ‘B’ for when Brussels refuses to permit us to engage in ‘unilateral disapplication’ of their diktat, as they will as surely as the sun will come up tomorrow.

Archive 2007-08-12 2007

The terms of that section are in substance the same as the terms of s.24 ECA 1972 although the consequence of an inability to find a conforming interpretation is a declaration of incompatibility not disapplication in the manner I have explained.

Vodafone 2 v HMRC 2009

The terms of that section are in substance the same as the terms of s.24 ECA 1972 although the consequence of an inability to find a conforming interpretation is a declaration of incompatibility not disapplication in the manner I have explained.

Archive 2009-06-01 2009

But to the extent that you don't apply the provision to Vodafone, I don't see why it matters whether you call it reinterpretation or disapplication.

Vodafone 2 v HMRC 2009