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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

More about this publication?
  • Judicial Review is now firmly established as the UK's leading journal for lawyers engaged in judicial review, catering for both practitioners and academics. It offers invaluable insights from today's foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for use by practitioners in the prepartation and conduct of applications for judicial review. The journal includes short and accessible items on the law, practice and procedure and recent cases. There is coverage of sub-topics within judicial review such as constitutional change, prison cases, commercial, and environmental judicial review. Other popular features are reviews of the academic literature, surveys of the leading cases, case commentaries and summaries of recent research.

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