ABSTRACT

The Human Rights Act 1998 provides that public authorities exercising executive powers must comply with the requirements of the Convention. The European Convention imposes responsibilities on signatory states to protect rights, and as such it is the state and its agencies which are the defendants in allegations of Convention violations before the Court of Human Rights. The emphasis on public bodies/authorities under the Human Rights Act reflects this now traditional form of state liability.95 As will be seen, however, the impact of the Human Rights Act is extending beyond the sphere of public bodies for which the state is responsible.