Articles for tag: constitutional law, courts, human rights

KeithStjohn

Law
declaration of incompatibility human rights act

Declaration of Incompatibility Under the Human Rights Act

A UK court can decide that an Act of Parliament conflicts with a fundamental right without cancelling the Act. That apparent contradiction is central to a declaration of incompatibility under the Human Rights Act 1998. The declaration identifies a clash between legislation and a right protected by the European Convention on Human Rights, while leaving ...