Vliv Evropské úmluvy o ochraně lidských práv a základních svobod na právo Spojeného království
Influence of the European Convention on Human Rights on the law of the United Kingdom

Summary/Abstract: The relationship between the law of the United Kingdom and the European Convention on Human Rights is currently defined by the Human Rights Act, 1998. Although British law does not formally establish a hierarchy (nor does it otherwise formally distinguish) between constitutional and non-constitutional laws, the HRA is considered to be an act with constitutional significance. So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights, taking into account the interpretation of Convention rights in the jurisprudence of the European Court of Human Rights. Moreover, if a British court concludes that a provision is incompatible with a Convention right, it may make a declaration of that incompatibility; such a declaration does not have any effect on the validity of the provision in question. Rather, it is an example of a dialogue that is launched between the courts and the Parliament: through the HRA, the Parliament has invited courts to issue declarations of incompatibility. By issuing a declaration of incompatibility, a court invites Parliament to revisit the provision of law in question. This current model has been put into question within the context of the ongoing political discussion regarding whether the HRA should be replaced by a national Bill of Rights, as generally proposed by the current Conservative government. At issue is whether the British standard of human rights in domestic law should continue to be narrowly linked to the Convention and to the interpretation of the Convention, as contained in the jurisprudence of the European Court of Human Rights. In several (limited) areas, the British Government has been critical of the decisions of the European Court of Human Rights (with regard to prisoner voting rights and in several other areas, including anti-terrorism and national security measures). The Government proposal to replace the HRA has to do with the issue of whether (and to what extent) a British human rights standard should be allowed to be different than the European standard.

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