My leisure interests

Martial arts Heritage railways Garden railways Motorcycles DIY

Downloads

Linux downloads Windows downloads Java downloads Perl downloads Home automation downloads

About me

Home & family My CV

Site info

Contact the author Download policy Keyword index

Human Rights Act (1998)

Last modified: Thu Feb 23 16:37:37 2006

``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

LegislativeInstruments

Law glossary index

Shameless plug

By the author of this site. Buy on-line from Amazon USA | UK

Editorial

So you want to be a university lecturer? Read this first! Speak like your boss: new developments in managerese

Computing features

File handling in the Linux kernel: an in-depth look at how Linux handles files, filesystems, and file I/O All sorts of Linux stuff Confused about CLASSPATH? answers are here First steps in EJB using jBoss (recently revised for jBoss 3.2)