ACCA LW ^Eng Syllabus A. Essential Elements Of The Legal System - Human Rights Act - Notes ^{7 / 7}

was to prevent governments from persecuting its own citizens

It therefore gave citizens a place to go, outside of their own government

This was recognised into English law in 2000 in the form of the Human Rights Act

The European Court of Human Rights remains the ultimate authority for this and please remember it is used for prosecuting public authorities (States) only!

How did the HRA affect Interpretation?

And here we mean interpreting old and new statute as well as common law

• All statute and common law must now be seen in light of the HRA

• If theres a conflict between the 2 then a statement of Incompatibility must be made

• This statement must justify why there is an inconsistency (normally due to proportionality) ie The issue is too small for the HRA guidance