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>let alone in the UK with no constitutional protection only the much weaker ECHR one. I think that's overstating the situation a little. The Human Rights Act
by M2Ys4U 5y ago
>let alone in the UK with no constitutional protection only the much weaker ECHR one.
I think that's overstating the situation a little.
The Human Rights Act (which enabled domestic courts to give effect to the ECHR) is considered to be as much of a constitutional document as one can be in the UK.
Laws can't accidentally go against Convention rights. Secondary legislation can be struck down if it breaches the HRA/ECHR, and even primary legislation (Acts of Parliament etc.) isn't completely immune.
Primary legislation must be interpreted by courts to be compatible with the ECHR, even going as far as to reverse the plain meaning of statutory language in some cases. It's only where there's an express contradiction or one that can't be "interpreted around" where the court has to apply the statute as-is.
- pjc50 5y ago> The Human Rights Act (which enabled domestic courts to give effect to the ECHR) is considered to be as much of a constitutional document as one can be in the UK. Yes - that is, it can be overruled by a simple majority of MPs plus the unelected House of Lords. So constitutional change can be achieved with the support of only a minority of voters.