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My Kit answer says The courts may strike out secondary legislation that is incompatible with the European Convention on
Human Rights, Courts must interpret legislation in such a way that is compatible with the European
Convention on Human Rights
Under UK Human Rights legislation courts may strike out secondary legislation that is incompatible with the
Convention and must interpret legislation in such a way that is compatible with it. New legislation does not
have to be compatible with the Convention, but a statement to that effect must be made before the Bill
becomes law. UK courts must take the decisions of the European Court of Justice into account when making
judgementsThis is no longer correct, true?
Why do you think that it’s no longer true? Because, perhaps, the UK has now Brexitted?
My honest answer would be … I don’t know. But my gut reaction is that, given the nature of the subject, it would seem to me to be an unwise departure of the UK legislature to move away from the pre-Brexit position
It’s possible that the UK MAY take that step but, in my view, they would do so only on the principle that ‘We don’t want to be governed by Europe – we make our own rules (even though they may be non-sensical and contrary to basic Human Rights as recognised by that Satanic influence across the English Channel)’
You could probably be correct in your conclusion, technically. But in practical terms I imagine that any new UK law would voluntarily pay due regard to the European status quo
But, a good question!
Hi, Mike. Yes, the reason I ask was because of UK Brexit.
I wonder what I should assume for the exam now due to these unusual circumstances?The UK remains a signatory to the European Convention of Human Rights and a member of the Council of Europe. These are separate from the European Union. They are somewhat linked in the sense that a state has to be a signatory to European Convention in order to be an EU member. The following may be useful-
https://www.amnesty.org.uk/what-is-the-european-convention-on-human-rights
Hope this helps.
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