The K-Zone: Human Rights Act (1998)

``An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes.''

This Act gives statutory effect to Articles 2-12 and 14 of the EuropeanConventionOnHumanRights, Articles 1-3 of the First Protocol and Articles 1 and 2 of the Sixth Protocol. Currently, however, the UK Government has entered a derogation order in respect of Article 5(1)(f), so this subsection does not apply. This derogation was made in respect of the purported terrorist threat that exists from aliens, and indicates that the right of an alien not to be detained except in the process of deportation will not apply in the UK.

The Act says that judicial decisions which affect the exercise of Convention rights must take into account the decisions of the EuropeanCourtOfHumanRights and certain decision of the EuropeanCommissionForHumanRights. It also states that UK legislation is to be interpreted, as far as possible, in line with the Convention. It does not, however, allow UK courts to reject legislation on the grounds of incompatibility. The court instead must issue a `declaration of incompatibility' which the Government will attempt to remedy. Subordinate legislation may be challenged on grounds of incompatibility, except where primary legislation prevents the subordinate legislation being enacted in any other way. EuropeanConventionOnHumanRights

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