How Is Uk and Eu Law Compatible

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“The Human Rights Act incorporates the rights and freedoms set out in the European Convention on Human Rights into United Kingdom law.” The United Kingdom courts have a duty to interpret UK laws in-line with the European Convention on Human Rights Act. In interpreting UK laws the same techniques used by the Strasbourg bodies of the European Convention must be used by the UK court. The reason for the same interpretation is because the UK domestic law must be compatible with the European Conventions laws. According to the Human Right Act 1998, Section 3 (1) “So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.” Courts can change legislations made in a lower (subordinate) court if it is not compatible. Primary legislations or those made my higher courts can only be change and made compatible with the ECHR with a declaration of incompatibility by the House of Lords, Judicial committee of the Privy Council, Court of Appeal and the High Court. Section 4 of the Human Rights 1998 Act “(1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right. (2)If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.” All authorities including courts and tribunals must act in a way that is in compatible with the ECHR. If an individual believes their rights have been infringe by a court or tribunal, they can bring a matter against the public authority or rely on their convention right from proceedings brought by others. If the UK laws are contrary to the ECHR, then the UK law must be voided. A case may arise where the laws or the United Kingdom and the European Convention laws might be
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