(Mis)-reading section 3 of the Human Rights Act.

Abstract

Response to Reconciling Parliamentary democracy and human rights by C.A. Gearty in L.Q.R. 2002, 118(Apr), 248-269. Criticises the author's argument that the Human Rights Act s.3(2) and s.6(2)(b) provide guidance on the proper reading of s.3(1). Suggests an alternative approach to the meaning of s.3(1) on the interpretation of legislation compatibility with rights under the European Convention on Human Rights 1950.