The Legal and Constitutional Impact of the European Convention on Human Rights in the United Kingdom

Abstract

The purpose of this chapter is to consider some of the core juridical issues raised by human rights in the context of debates about the legal and constitutional impact of the European Convention on Human Rights (the ECHR) in the United Kingdom, particularly following its incorporation by the Human Rights Act 1998 (the HRA). As an international treaty the ECHR has been binding on the UK in international law since the UK ratified it in 1951. But, as a result of the HRA, it has also become legally binding in national law, enabling complaints about Convention violation by public authorities to be brought before British courts, which are also required to respect Convention rights in all other cases where they might be relevant. However, apart from judgments against the UK itself, the jurisprudence of the European Court of Human Rights is of persuasive rather than binding authority. Consistent with the doctrine of parliamentary supremacy, the HRA could be repealed, partially or in its entirety, by a simple Act of Parliament providing this was the clear intent. Nevertheless, as a highly significant piece of constitutional legislation, the HRA has subtly altered the balance of power between courts, legislature and executive, introducing, in effect, a new institutional dialogue at the heart of the British constitution.