Source · Select Committees · Human Rights (Joint Committee)
Recommendation 17
17
Paragraph: 121
The declaration of incompatibility under section 4 HRA provides an elegant solution to the potential...
Conclusion
The declaration of incompatibility under section 4 HRA provides an elegant solution to the potential conflict between the protection of fundamental rights and the sovereignty of Parliament. Where a human rights compatible interpretation is The Government’s Independent Review of the Human Rights Act 83 not possible, the courts are able to identify primary legislation that is incompatible with human rights, drawing it to the attention of government and Parliament, but they cannot go further.
Paragraph Reference:
121