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[36.1] Statutory powers confer authority that enables a person or body to do what would otherwise be illegal or ineffective. They do so in two broad ways: by conferring discretions and imposing duties. This chapter focuses on the meanings of ‘may’, ‘shall’ and ‘must’ and on a question of characterisation that often arises in relation to them: namely, should the words be characterised as conferring a discretion or as imposing a duty, at least in certain circumstances?1
[32.1] The task of an interpreter is to determine the intention of Parliament ‘assisted by such aids to construction as can properly be utilised’.1 This chapter considers residual common law presumptions and aids that are potentially available.
The concluding chapter sets out some of the key themes to emerge from the book. It recalls the influence of the various groups of actors who gave meaning to the Abortion Act, emphasising how the Act was shaped over time in a complex process of negotiation, dispute, revision and consolidation. We locate the Act within the shifting contours of a country undergoing a demographic revolution, exploring how it shaped and was shaped by processes of secularisation, the decline of discursive Christianity and an enhanced role for science in ordering understandings of the world, changing norms of gender, family and disability, shifting ideas of medical authority and changing technologies.
Chapter 5 considers those battles regarding the Abortion Act that found their way to the courts, as broader struggles over the meaning of the Act became framed as narrow, technical questions of statutory interpretation. We consider the role of Pro-Life (and, to a much lesser extent, Pro-Choice) groups in driving this litigation and explore how the focus and framing of these disputes would change over time in line with the shifting centre of the moral debate. We consider how meaning was given to the statutory text, emphasising the important roles played by doctors in giving meaning to the Act before these disputes reached the courts.
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