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