chapter  37
6 Pages

THE HUMAN RIGHTS ACT 1998

The Act came into force on 2 October 2000. It incorporates the Convention rights set out in the European Convention on Human Rights (the Convention) into English domestic law (s 1). It requires the courts to construe legislation ‘so far as it is possible to do’ in a way which is compatible with those rights (s 3). It places public authorities under a duty not to act in a manner inconsistent with those rights (s 6) and enables litigants to allege breaches of those rights in proceedings before the English courts or tribunals – whether as a cause of action or as a defence or counterclaim (s 7).