ABSTRACT
This chapter would seem to be timely given the current Labour government’s intention to incorporate the European Convention on Human Rights. Ministers are, however, split on the method of doing so. It is understood that Lord Irvine, the Lord Chancellor, favours a weak model, based on New Zealand, whereby the judges would not be able to strike down or alter Acts of Parliament. They would merely be able to declare the statute to be in breach and would have to leave it to Parliament to change the law to comply with the court’s ruling. Lord Irvine has said ‘It must not disturb the supremacy of Parliament. It should not put the judges in a position where they are seen as at odds with Parliament’ (The Guardian, 5 July 1997). In contrast, it has been reported that the Home Secretary, Jack Straw, and his junior minister, Lord Williams of Mostyn, favour the stronger Canadian Charter which enables the courts to strike down Acts which conflict with the Charter subject to a ‘notwithstanding’ clause. Whichever model is chosen, the incorporation of the European Convention on Human Rights will be a major constitutional development.
