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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 195 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

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About 49 results

Judicial Protection

United Kingdom of Great Britain and Northern Ireland, English

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Obligations of the State

United Kingdom of Great Britain and Northern Ireland, English

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Judicial Protection

United Kingdom of Great Britain and Northern Ireland, English

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.  
(2)This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. (Human Rights Act 1998, Sec. 3)

Obligations of the State

United Kingdom of Great Britain and Northern Ireland, English

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
… (Human Rights Act 1998, Sec. 6)

Judicial Protection

United Kingdom of Great Britain and Northern Ireland, English

(1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.
(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right.
(4) If the court is satisfied—
(a) that the provision is incompatible with a Convention right, and
(b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,
it may make a declaration of that incompatibility.
(5) In this section “court” means—
(a) the Supreme Court;
(b) the Judicial Committee of the Privy Council;
(c) the Court Martial Appeal Court;
(d) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;
(e) in England and Wales or Northern Ireland, the High Court or the Court of Appeal.
(f) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Chancellor of the High Court or a puisne judge of the High Court. (Human Rights Act 1998, Sec. 4)

Obligations of Private Parties

United Kingdom of Great Britain and Northern Ireland, English

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Obligations of the State

United Kingdom of Great Britain and Northern Ireland, English

A person’s reliance on a Convention right does not restrict—
(a)any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b)his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Judicial Protection

United Kingdom of Great Britain and Northern Ireland, English

(1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—
(a) by exercising a right of appeal;
(b) on an application (in Scotland a petition) for judicial review; or
(c) in such other forum as may be prescribed by rules.
(2) That does not affect any rule of law which prevents a court from being the subject of judicial review.
(3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than to compensate a person to the extent required by Article 5(5) of the Convention.
(4) An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined.
(5 )In this section—
• “appropriate person” means the Minister responsible for the court concerned, or a person or government department nominated by him;
• “court” includes a tribunal;
• “judge” includes a member of a tribunal, a justice of the peace (or, in Northern Ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court;
• “judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and
• “rules” has the same meaning as in section 7(9). (Human Rights Act 1998, Sec. 9)

Judicial Protection

United Kingdom of Great Britain and Northern Ireland, English

(1) A court or tribunal determining a question which has arisen in connection with a Convention right5 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)

Judicial Protection

United Kingdom of Great Britain and Northern Ireland, English

(1) This section applies if—
(a) a provision of legislation has been declared under section 4 to be incompatible with a Convention right and, if an appeal lies—
(i) all persons who may appeal have stated in writing that they do not intend to do so;
(ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or
(iii) an appeal brought within that time has been determined or abandoned;

(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
(b) that there are compelling reasons for proceeding under this section,
he may by order make such amendments to the primary legislation as he considers necessary.
… (Human Rights Act 1998, Sec. 10)