Impact of Human Rights Act on Statutory Interpretation
Share
The Human Rights Act 1998 (HRA) incorporated the European Convention on Human Rights (ECHR) into UK law and established a mechanism for individuals to enforce their human rights in UK courts. The HRA has had a significant impact on statutory interpretation in the UK in the following ways:
Interpretation in accordance with Convention rights: Section 3 of the HRA requires UK courts to interpret legislation, as far as possible, in a way that is compatible with the ECHR. This means that when interpreting statutes, judges must give preference to an interpretation that is consistent with the ECHR and its principles.
Declarations of incompatibility: Under Section 4 of the HRA, UK courts have the power to issue a declaration of incompatibility if they believe that a provision of UK law is incompatible with the ECHR. This declaration does not invalidate the law, but it requires Parliament to consider the provision and potentially amend or repeal it.
Impact on statutory interpretation principles: The HRA has influenced the development of statutory interpretation principles in the UK. For example, the purposive approach to interpretation has been strengthened, as judges must consider the purpose and values of the ECHR when interpreting UK statutes.
Greater scrutiny of executive action: The HRA has led to greater judicial scrutiny of executive action, as courts are required to consider whether actions of public authorities are consistent with the ECHR. This has led to more rigorous examination of the actions of government bodies and greater protection for human rights.
The HRA has had a significant impact on statutory interpretation in the UK, by requiring judges to consider the compatibility of UK law with the ECHR, strengthening the purposive approach to interpretation, and increasing scrutiny of executive action.
Interpretation in accordance with Convention rights: Section 3 of the HRA requires UK courts to interpret legislation, as far as possible, in a way that is compatible with the ECHR. This means that when interpreting statutes, judges must give preference to an interpretation that is consistent with the ECHR and its principles.
Declarations of incompatibility: Under Section 4 of the HRA, UK courts have the power to issue a declaration of incompatibility if they believe that a provision of UK law is incompatible with the ECHR. This declaration does not invalidate the law, but it requires Parliament to consider the provision and potentially amend or repeal it.
Impact on statutory interpretation principles: The HRA has influenced the development of statutory interpretation principles in the UK. For example, the purposive approach to interpretation has been strengthened, as judges must consider the purpose and values of the ECHR when interpreting UK statutes.
Greater scrutiny of executive action: The HRA has led to greater judicial scrutiny of executive action, as courts are required to consider whether actions of public authorities are consistent with the ECHR. This has led to more rigorous examination of the actions of government bodies and greater protection for human rights.
The HRA has had a significant impact on statutory interpretation in the UK, by requiring judges to consider the compatibility of UK law with the ECHR, strengthening the purposive approach to interpretation, and increasing scrutiny of executive action.
