#constitution #law #public
Although arguably of great constitutional significance, the Human Rights Act 1998 (HRA 1998) does not mark any formal reduction in the legal sovereignty of Parliament. This is for two main reasons. First, it does not empower the courts to strike down primary legislation, but only to make a non-binding declaration that an Act is incompatible with the European Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was specifically designed to maintain the sovereignty of Parliament. Second, the Human Rights Act is itself only an ordinary Act which is capable of express repeal by ordinary legislation.
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