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English legal system

Human Rights Act 1998

What is its purpose?

HRA 1998 incorporates the European Convention for the Protection of Human Rights
and Fundamental Freedoms 1950 into UK domestic law.

What is Convention law?

Convention law means the Convention and the decisions of the ECtHR.

How does it affect judicial interpretation?

UK courts must take Convention law into account when deciding a question that has
arisen in connection with a Convention right.

What if legislation is incompatible with the Convention?

Any existing legislation must be interpreted so it is compatible with the rights under
the Convention.

If a court feels that legislation is incompatible with the Convention and it cannot
interpret it in such a way to make it compatible, then it may make a declaration of
incompatibility. However, the declaration does not make the legislation invalid. It is
left to Parliament to remedy the situation through new legislation.

However, the courts do have the power to declare delegated legislation (e.g.
statutory instruments) to be invalid.

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