Show Summary Details
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 01 December 2023

p. 52820. Human Rights IV: The Impact of the Human Rights Act 1998locked

p. 52820. Human Rights IV: The Impact of the Human Rights Act 1998locked

  • Ian LovelandIan LovelandProfessor of Public Law, City, University of London


This chapter analyses some of the leading cases in which the courts addressed different aspects of the Human Rights Act 1998, and draws out the constitutional implications of the courts’ initial conclusions. The discussions cover the interlinked issues of the extent to which the courts have recognised a distinction between Convention articles and Convention Rights, the approach taken to statutory interpretation mandated by s 3, and the use of Declarations of Incompatibility under s 4; the doctrine of judicial ‘deference’ to legislative policy decisions; the ‘horizontality’ of the Act and its impact on the development of the common law; and the status of proportionality as a ground of review of executive action. The chapter concludes with an assessment of whether the Act has triggered a shift in understandings on the proper scope of the doctrines of the sovereignty of Parliament and the rule of law within the modern constitutional order.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription