Declaration of Incompatibility in UK Law
Leading Cases
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Wilson v First County Trust Ltd (No 2)
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In particular, it is a cardinal constitutional principle that the will of Parliament is expressed in the language used by it in its enactments. The proportionality of legislation is to be judged on that basis. The courts are to have due regard to the legislation as an expression of the will of Parliament. The court is called upon to evaluate the proportionality of the legislation, not the adequacy of the minister's exploration of the policy options or of his explanations to Parliament.
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R v A (No 2)
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Ghaidan v Godin-Mendoza
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R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v DPP
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Kay v Lambeth City Council; Leeds City Council v Price
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Wilson v First County Trust Ltd (No 2)
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Legislation
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Human Rights Act 1998
... ... right must take into account any—(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,(b) opinion of ... of revocation) primary legislation prevents removal of the incompatibility ... Annotations: Modifications etc. (not altering text) # C17 S. 3 ... ...
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The Civil Procedure (Amendment) Rules 2023
... ... Human Rights ... 19.5. —(1) The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act ... ...
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The Criminal Procedure Rules 2020
... ... or Scotland;(m) extend the time for service of a statutory declaration to which applies—(i) rule 44.2 (Statutory declaration of ignorance of ... documents for appeal or referencerule 36.11Declaration of incompatibility with a Convention rightrule 36.12Abandoning an appealrule 36.13Grounds of ... ...
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The British Nationality Act 1981 (Remedial) Order 2019
... ... Nationality Act 1981 as are necessary to remove that incompatibility ... In accordance with paragraph 2(a) of Schedule 2 to the Human Rights ... the Home Department [2016] UKSC 56, the Supreme Court made a declaration of incompatibility in relation to paragraph 70 of Schedule 9 to the ... ...
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Books & Journal Articles
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The Human Rights Act and Juridification: Saving Democracy from Law
The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors ...... ... 4 declaration of incompatibility was designed to preserve andmaintain the supremacy of ... ...
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R v Secretary of State for the Environment, Transport and the Regions ex parte Holding and Barnes plc and others
Although the facts giving rise to this decision concerned planning control and planning law the decision is of relevance to the debate about the applicability of the Human Rights Act 1998 to the va...... ... Court on 13th December, 2000 whereby the court made a declaration of incom-patibility with Article 6 of the European Convention on Human ... 16th May, 2001) the Court of Appeal made a declaration of incompatibility in respect of the statutory prohibition in s. 127(3) of that Act which ... ...
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Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development
In R (on the application of Steinfeld and Keidan) v Secretary of State for International Development the Supreme Court unanimously declared that the ban on different‐sex civil partnerships was inco...... ... victory for those campaigning for reform and the issuing of a declaration ofincompatibility by the Court is likely to have influenced the later ... the Human Rights Act 1998 merely acts as a formal recordof incompatibility and has been deemed ‘little more than a cry for action’.8Formally ... ...
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Surrogacy and Single Parents Following Re Z
... ... and led the High Court to make a declaration of incompatibility under section 4 of the Human Rights Act 1998. In Re Z ... ...
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Law Firm Commentaries
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Pregnancy termination for disability & discrimination (UK).
Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), available on BAILII, saw an application by Ms Crowther and others seeking a declar...... ... BAILII, saw an application by Ms Crowther and others seeking a declaration of incompatibility under section 4 of the Human Rights Act 1998 (HRA) in ... ...
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Government Presses Ahead With New Bill Of Rights
... ... - Declarations of ... incompatibility. The Bill of Rights retains the ... declaration of incompatibility ... ...
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HSF Responds To The Government's Consultation On Human Rights Reform
... ... Declarations of incompatibility. We contend ... that while the declaration of incompatibility mechanism ... ...
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HSF Responds To The Government's Consultation On Human Rights Reform
... ... Declarations of incompatibility. We contend ... that while the declaration of incompatibility mechanism ... ...
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