Constitution of the United Kingdom 1297, as amended to 2024
Jurisdiction and Access
  • English

    (1) A court or tribunal determining a question which has arisen in connection with a Convention right 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.
    (2) Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules.
    ... (Human Rights Act 1998, Sec. 2)

Jurisdiction and Access
  • 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)

Links to all sites last visited 14 August 2024
2

Hereinafter ECHR.

3

According to Sec. 1: (1) “In this Act “the Convention rights” means the rights and fundamental freedoms set out in—(a) Articles 2 to 12 and 14 of the Convention,(b) Articles 1 to 3 of the First Protocol, and(c) Article 1 of the Thirteenth Protocol as read with Articles 16 to 18 of the Convention.(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15) (3) The Articles are set out in Schedule 1. …”

4

Also refer to Act of Settlement 1701.

5

According to Sec. 1: (1) “In this Act “the Convention rights” means the rights and fundamental freedoms set out in—(a) Articles 2 to 12 and 14 of the Convention,(b) Articles 1 to 3 of the First Protocol, and(c) Article 1 of the Thirteenth Protocol as read with Articles 16 to 18 of the Convention.(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15). (3) The Articles are set out in Schedule 1. …”