ABSTRACT
It would be politically embarrassing for a Minister to refuse to make the amendment and, therefore, it would probably be made eventually. But, during the period before the making of the amendment, the plaintiff or defendant (the victim of the breach) would continue to suffer from the breach. The consequences of so doing could include uncertainty and loss of liberty or considerable financial loss. Most commentators appear to agree that this procedure constitutes a flaw in the Act, since it is not likely to encourage litigants to seek a declaration and, therefore, bring about a change in the law. Thus, there may be periods of uncertainty during which citizens cannot rely on aspects of their Convention rights.
