ABSTRACT
This question asks candidates to provide a brief consideration of the incorporation of the European Convention on Human Rights (ECHR) into UK law, through the mechanism of the HRA 1998. It requires a basic knowledge of the content and effect of the HRA 1998. The following points should be covered:
• explain what the ECHR is; • explain the disadvantages of the UK’s relationship to the Convention
prior to the HRA 1998; • list the various Articles that have been incorporated by the Act; • consider the effect of the Act on public bodies; • explain what is meant by a declaration of compatibility in relation to
legislation; • assess the role of the courts in relation to the Act; • explain fast track remedial action for legislation that is found to be
incompatible.
