The Human Rights Act 1998 section 3 requires courts to interpret legislation, so far as possible, in a way compatible with Convention rights. If that is not possible, what can a higher court do?
Answer and explanation
Correct answer: B. Make a declaration of incompatibility under section 4
- Step 1: Section 3 is the interpretive obligation and section 4 the fallback.
- Step 2: A declaration does not affect validity or continuing operation, and the Government may use a remedial order to amend the law.
Answer
Make a declaration of incompatibility under section 4.
Why not the others: Courts cannot strike down primary legislation; they cannot order repeal; they cannot disapply a statute, as that would undermine sovereignty.
Practise more Constitution and parliamentary sovereignty.
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