enforcement of human rights

    Cards (4)

    • role of domestic courts
      s2(1) - when interpreting convention rights the courts must take into account any judgement or decisions of the european courts of human righs
    • KAY vs LAMBETH - if there is conflicting UK precedent with a decision from the ECtHR we follow our own precedent and then appeal it
    • s3(1) - domestic legislation should be applied in a way that is compatible with the convention
    • s4(1) - declaration of incompatibility - the law remains intact unless parliament decides to change the law accordingly - respects parliament supremacy as the law making bodies
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