Declaration of Incompatibility in UK Law
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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 o f i ncompatibility was d esigned to preserve a nd maintain ... as he considers necessary to remove the incompatibility’ – the minister is not compelled to act. The ... ...
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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 of incompatibility by the Court is likely to have influenced the later ... ...
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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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Rejoinder to Raban
... ... They rarely need to resort to their alternative power—the declaration of incompatibility. 4 The power of interpretation can be used in most ... ...
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Constitutional Limits on Bills of Rights Introduced by a State or Territory
... ... 32 of the HRA enables the ACT Supreme Court to issue a 'declaration of incompatibility' when a provision of ACT ... ...
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A Minimalist Charter of Rights for Australia: The UK or Canada as a Model?
... ... complication is that it contains no express power to make a declaration of incompatibility or inconsistency, and therefore to the extent such a ... ...
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Alison L Young, PARLIAMENTARY SOVEREIGNTY AND THE HUMAN RIGHTS ACT Oxford: Hart Publishing (www.hartpub.co.uk), 2009. xvi + 180 pp. ISBN 9781841138305. £45.
... ... where possible, and section 4 empowering the court to issue a declaration of incompatibility where no such interpretation is possible). Young ... ...
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Alan Page, Constitutional Law of Scotland
... ... , such as the Human Rights Act 1998 and its novel remedy, the declaration of incompatibility, but such reference is passing and, in some instances, ... ...
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The Human Rights Act and Parliamentary Democracy
... ... ‘if primary legislation prevents removal of the incompatibility’. But what happens if legislation – primary or subordinate – is ... answer lies in section 4 which empowers the courts to make a declaration of incompatibility where it is not possible to interpret legislation in a ... ...
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