- 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)
- 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)
- English
(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
(2) Subsection (1) does not apply to an act if—
(a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or
(b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.
(3) In this section “public authority” includes—
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
(4) ...
(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3) (b) if the nature of the act is private.
(6) “An act” includes a failure to act but does not include a failure to—
(a) introduce in, or lay before, Parliament a proposal for legislation; or
(b) Make any primary legislation or remedial order. (Human Rights Act 1998, Sec. 6)
- English
...
(4) In determining—
(a) whether to award damages, or
(b) the amount of an award, the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention.
… (Human Rights Act 1998, Sec. 8)
- English
(1) This section applies if—
…
(b) it appears to a Minister of the Crown or Her Majesty in Council that, having regard to a finding of the European Court of Human Rights made after the coming into force of this section in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention.
(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)
The United Kingdom does not have a codified constitution, its constitutional order exists of multiple Acts of Parliament, court judgments and conventions. For the purposes of this database, the following texts are take into account:
- Magna Carta 1297, as amended to 1969
- Bill of Rights 1688, as amended to 2015
- Act of Settlement 1701, as amended to 2015
- Union with Scotland Act 1706, as amended to 1993
- Life Peerages Act 1958, as amended to 2009
- Senior Courts Act 1981, as amended to 2023
- British Nationality Act 1981, as amended to 2023
- Representation of the People Act 1983, as amended to 2024
- Human Rights Act 1998, as amended to 2024
- Northern Ireland Act 1998, as amended to 2024
- Scotland Act 1998, as amended to 2024
- Civil Contingencies Act 2004, as amended to 2023
Hereinafter ECHR.
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. …”
Also refer to Act of Settlement 1701.
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. …”