Human Rights Act 1998

What the Act does

The Human Rights Act incorporates provisions from the European Convention on Human Rights into UK law.

Before the Human Rights Act came into force, people had to take a case to the European Court in Strasbourg, and even then only when domestic remedies have been exhausted. The process was costly and could take several years before the case was finally decided. Since the act came into force most of the European Convention on Human Rights can be used in domestic courts, however if necessary cases can still be referred to the european court.

The Human Rights Act:

• makes it unlawful for a public authority to act incompatibly with the Convention rights and allows for a case to be brought in a UK court or tribunal against the authority if it does so. However, a public authority will not have acted unlawfully under the Act if as the result of a provision of primary legislation it could not have acted differently.

• requires all legislation to be interpreted and given effect as far as possible compatibly with the Convention rights. Where it is not possible to do so, a court may

• quash or disapply subordinate legislation or

• if it is a higher court, make a declaration of incompatibility for primary legislation. This triggers a new power that allows a Minister to make a remedial order to amend the legislation to bring it into line with the Convention rights.

• requires UK courts and tribunals to take account of Strasbourg case-law (i.e. the case-law of the Court and the Commission in Strasbourg, and the Committee of Ministers). They will also be bound to develop the common law compatibly with the Convention rights.