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Is a Declaration of Incompatibility an Effective Remedy?

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Abstract:

The “overriding objective” of the Human Rights Act 1998 (the Act) is “to make more directly accessible the rights which the British people enjoy under the Convention”. This raises interesting questions as to the “effectiveness” of the remedies which have been created by the Government, in particular the declaration of incompatibility. This article examines the nature of the declaration of incompatibility and the requirements of Art. 13 of the European Convention on Human Rights and consider whether the UK Government has anything to fear from the Strasbourg Court.

Keywords: Art 13 ECHR; European Convention on Human Rights; Strasbourg Court: Human Rights Act 1998; incompatibility; judicial review

Document Type: Research Article

Publication date: December 1, 2000

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