#constitution #law #public
The Human Rights Act 1998 (HRA 1998) also arguably reinforces the doctrine of separation of powers. If a court considers that legislation is in conflict with a right protected by the European Convention of Human Rights, the court has the power to make a 'declaration of incompatibility' under the HRA 1998, s 4. Significantly, the court does not have a power to strike down or ignore the statute, however; it is for the relevant minister to arrange for the necessary amendment of the offending provision with parliamentary support.
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