UK & ECHR
History of the convention in uk law
- Uk ratified the convention in 1951
- Entered a reservation from the outset against protocol 1 art 2
- Entered derogations on 2 occasions
o 1974 – derogated from art 5(3) due to the situation in Northern Ireland
Withdrawn in 1988
o 2001 – derogated from art 5(1) following 9/11
Resulted in the enactment of the anti-terrorism crime & security act
Allows detention without trial
Impact of echr on domestic law pre hra
- Uk legal system is dualist in nature
- Echr only had weak impact
o R v Staines & Morrissey 1997
- Statutory construction
o Uk courts weren’t under obligation to apply convention provisions directly
o Where a statute was in breach of the echr, uk courts were still bound by it
o The position where there was ambiguity
R v secretary of state for the home department 1991
- Common law & the convention
o Where the common law is uncertain/ incomplete/ unclear, the courts must
have regard to the principles stated in the convention & where possible rule
in a manner which conforms with the convention
Contents & implications of hra
- In all cases domestic courts are required to construe all present & future domestic
legislation in a manner compatible with convention rights
o Section 3
- Domestic courts must decide all cases in a manner compatible with convention rights
unless prevented by
o Primary legislation which can’t be read compatibly with convention rights
o Delegated legislation made under primary legislation which can’t be read
compatibly with convention rights
- Vesting persons with directly enforceable rights against public authorities
o Section 7
o Can only be used by victims of violation of convention rights
Section 1 hra
- Gives convention rights further effect
o Art 2-12 & 14 of the convention
o Art 1-3 of the 1st protocol
o Art 1 of the 13th protocol
- Where the provision of the echr isn’t given further effect by the hra but is ratified its
impact upon domestic law in event of breach won’t have changed as a result of the
hra
- Where the provision isn’t ratified the uk has no obligation in international law to
meet its requirements
Section 2 hra
History of the convention in uk law
- Uk ratified the convention in 1951
- Entered a reservation from the outset against protocol 1 art 2
- Entered derogations on 2 occasions
o 1974 – derogated from art 5(3) due to the situation in Northern Ireland
Withdrawn in 1988
o 2001 – derogated from art 5(1) following 9/11
Resulted in the enactment of the anti-terrorism crime & security act
Allows detention without trial
Impact of echr on domestic law pre hra
- Uk legal system is dualist in nature
- Echr only had weak impact
o R v Staines & Morrissey 1997
- Statutory construction
o Uk courts weren’t under obligation to apply convention provisions directly
o Where a statute was in breach of the echr, uk courts were still bound by it
o The position where there was ambiguity
R v secretary of state for the home department 1991
- Common law & the convention
o Where the common law is uncertain/ incomplete/ unclear, the courts must
have regard to the principles stated in the convention & where possible rule
in a manner which conforms with the convention
Contents & implications of hra
- In all cases domestic courts are required to construe all present & future domestic
legislation in a manner compatible with convention rights
o Section 3
- Domestic courts must decide all cases in a manner compatible with convention rights
unless prevented by
o Primary legislation which can’t be read compatibly with convention rights
o Delegated legislation made under primary legislation which can’t be read
compatibly with convention rights
- Vesting persons with directly enforceable rights against public authorities
o Section 7
o Can only be used by victims of violation of convention rights
Section 1 hra
- Gives convention rights further effect
o Art 2-12 & 14 of the convention
o Art 1-3 of the 1st protocol
o Art 1 of the 13th protocol
- Where the provision of the echr isn’t given further effect by the hra but is ratified its
impact upon domestic law in event of breach won’t have changed as a result of the
hra
- Where the provision isn’t ratified the uk has no obligation in international law to
meet its requirements
Section 2 hra
