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Obligation on the courts

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Section 2 of the 1998 Act provides that judges must take into account the jurisprudence of the ECtHR when determining an issue arising in connection with a Convention right. This is the relevance of the ECHR to domestic law. In addition to their obligations under s 2, s 3 of the HRA 1998 also provides that judges must interpret national legislation ‘so far as is possible’ in line with the Convention. In circumstances where the legislation cannot be interpreted in line with the Convention, domestic courts must make a declaration of incompatibility (HRA 1998, s 4). The effect of this declaration is not to make the law invalid but to require Parliament to consider the need for reform (see AG’s Reference (No 4 of 2002) [2005] 1 AC 264).

Criminal Law

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