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Human Rights Act 1998
 | |
| Long title | 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. |
|---|---|
| Citation | 1998 c. 42 |
| Introduced by | Jack Straw, Home Secretary |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 9 November 1998 |
| Commencement | mainly on 2 October 2000 |
| Other legislation | |
| Amended by | Sub-s (1): in para (c) words “Article 1 of the Thirteenth Protocol” in square brackets
substituted by SI 2004/1574, art 2(1). Date in force: 22 June 2004: see SI 2004/1574, art 1. Sub-s (4): words “Secretary of State” in square brackets substituted by SI 2003/1887, art 9, Sch 2, para 10(1). Date in force: 19 August 2003: see SI 2003/1887, art 1(2). |
| Relates to | Human Rights Act 1998 (Amendment) Order 2004, SI 2004/1574 (made under sub-s (4)). |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000.[1] Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg.
In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights.[2]
However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, the judges are not allowed to override the Act of Parliament. All they can do is issue a declaration of incompatibility. This declaration does not affect the validity of the Act of Parliament: in that way, the Human Rights Act seeks to maintain the principle of parliamentary sovereignty, pursuant to the Constitution of the United Kingdom. However, judges may strike down secondary legislation. Under the Act, individuals retain the right to sue in the Strasbourg court.
- ^ "A Guide to the Human Rights Act 1998: Questions and Answers" (PDF). JUSTICE. December 2000. Archived from the original (PDF) on 12 March 2002.
- ^ Pattinson, Shaun D (1 March 2015). "The Human Rights Act and the doctrine of precedent" (PDF). Legal Studies. 35 (1): 142–164. doi:10.1111/lest.12049. ISSN 1748-121X. S2CID 29507544.
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