Show Summary Details
Page of

(p. 238) 7. Human rights and fundamental freedoms 

(p. 238) 7. Human rights and fundamental freedoms
(p. 238) 7. Human rights and fundamental freedoms

Steve Wilson

, Helen Rutherford

, Tony Storey

, and Natalie Wortley

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 18 June 2021

This chapter considers the European Convention on Human Rights (ECHR) and its relationship to the English legal system. As an international treaty the ECHR is not part of UK law unless it is incorporated into the law. By the Human Rights Act 1998 Convention Rights are incorporated into UK law. By the Human Rights Act 1998 the courts are able to interpret legislation under s.3 to achieve compatibility with the ECHR but are not empowered to strike down legislation incompatible with the Convention. This preserves parliamentary sovereignty. The courts may give a declaration of incompatibility. The UK courts are not bound by decisions of the European Court of Human Rights but must take such decisions into account. It is unlawful for a public authority to act incompatibly with Convention Rights.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.