JUDICIAL SOVEREIGNTY AND THE HUMAN RIGHTS ACT 1998

Abstract

SECTION 3(1) Human Rights Act 1998 appears to limit the powers of the court; statutes can only be interpreted in a manner compatible with Convention rights ‘so far as possible’. However, in practice, Parliament has given the judiciary carte blanche to determine when it is impossible to interpret statutes in a manner compatible with Convention rights. The express words of section 3(1) are so vague as to provide no clear outline of the limits of possibility. Nor does the legislative history of the Act provide any clear boundary. Should the judiciary so wish, section 3(1) could have the same effect in practice as if it impliedly repealed the provisions of all statutes contrary to Convention rights. It is the judiciary and not Parliament that determine how far human rights will be protected.