unlocking constitutional and administrative law - ch. 17 page 4 only
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456
THE
HU
MA
N R
IGH
TS A
CT
1998
To allow the courts to declare domestic legislation incompatible with the Convention (s 4).
To make provision for the government to initiate legislation repealing or amending incompatible legislative provisions (s 10).
To make special provision for the protection of freedom of expression and freedom of religion (ss 12 and 13).
To require the government to make statements of compatibility with respect to new legislation (s 19).
The basic aim of the Act is to bring the European Convention rights home to domestic law and allow its provisions to be applied in the domestic courts, although the individual is still entitled to petition the European Court after exhausting domestic remedies (s 11).
Figure 17.1 Actions under the Human Rights Act
17.3.2 Retrospective effect of the Act The provisions of the Act generally only apply to acts or decisions of public authorities taking place after the coming into operation of the Act. Thus violations taking place before this time are subject to the general principles of judicial review and legality.
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