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Human Rights Law Directions

Human Rights Law Directions (4th edn)

Howard Davis
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date: 10 December 2022

p. 674. The Human Rights Act 1998 (1): rights and dutieslocked

p. 674. The Human Rights Act 1998 (1): rights and dutieslocked

  • Howard DavisHoward DavisReader in Public Law, Bournemouth University


Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter traces the origins of the Human Rights Act, which came about due to a growing sense that UK law was failing to secure and keep pace with emerging international standards of human rights protection. It goes on thoroughly to explain, analyse and illustrate the main terms of the Act. In particular the duty to interpret statutes for compatibility, if possible, with Convention rights and the duty on “public authorities” to act in ways which do not violate Convention rights. It considers the new constitutional settlement that the Act brings about and it discusses some of the controversies about its application that have arisen. An annex to the chapter raises the issue of the repeal of the Act and it replacement by a British Bill of Rights.

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Note: An update has been made available on the Online Resource Centre (June 2017).

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