What Did the Human Rights Act 1998 Do?
Learn what the Human Rights Act 1998 did, how it protects Convention rights in UK courts, and why courts cannot strike down Acts of Parliament.
The Human Rights Act 1998 made rights from the European Convention on Human Rights enforceable in UK courts. This means someone who says a public authority has breached a Convention right can bring a claim in a UK court, rather than having to take their case to the European Court of Human Rights first.
How does it work?
The Act requires public authorities, such as government departments and local councils, to act compatibly with Convention rights unless legislation leaves them no other choice. These rights include the right to a fair trial and freedom of expression. A person bringing a claim must be a victim of the alleged breach, rather than someone who simply disagrees with a public authority’s decision.
Courts must interpret legislation compatibly with Convention rights so far as it is possible to do so. They must also take relevant decisions of the European Court of Human Rights into account, but are not automatically bound to follow them.
If a higher court cannot interpret an Act of Parliament compatibly with a Convention right, it can issue a declaration of incompatibility. This identifies the conflict but does not cancel the Act or change the outcome of the case by itself. Parliament can decide whether to amend the law.
For example, if a council restricts someone’s freedom of expression, that person may challenge the decision under the Human Rights Act. The court would consider whether the council’s action was compatible with the right, including whether a restriction was justified.
Common exam mistake: do not say the Human Rights Act lets UK courts strike down Acts of Parliament. It strengthens the protection of Convention rights in domestic law while preserving Parliament’s power to make and change legislation.
