Skip to main content

Is a Declaration of Incompatibility an Effective Remedy?

The full text article is temporarily unavailable.

We apologise for the inconvenience. Please try again later.


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


Access Key

Free Content
Free content
New Content
New content
Open Access Content
Open access content
Subscribed Content
Subscribed content
Free Trial Content
Free trial content
Cookie Policy
Cookie Policy
ingentaconnect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more