#hra #law #public
The public authority may, however, appeal against a decision to make a declaration under the HRA 1998, s 4. See, for instance, the case of R (on the application of H) v Secretary of State for Health, [2005] UKHL 60 where the House of Lords overturned a declaration made by the Court of Appeal that the Mental Health Act 1983, s 2 was incompatible with the ECHR, art 5 (4).
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