THE HUMAN RIGHTS ACT'S FIRST FIVE YEARS: TOO STRONG, TOO WEAK, OR JUST RIGHT?

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Abstract:

The author assesses the strength of the protection provided by the Human Rights Act 1998, over five years after it came into force. Should UK courts be more generous than the European Court of Human Rights in finding potential violations of Convention rights? Has the power to avoid violations through interpretation of Acts of Parliament under s. 3 of the Act been overused? Despite the “war on terror”, should non-binding “declarations of incompatibility” under s. 4 be replaced by binding “declarations of invalidity“, in light of A & Others v. Secretary of State for the Home Department, [2004] UKHL 56?

Keywords: Human Rights Act 1998

Document Type: Research Article

Publication date: January 1, 2006

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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