Declaration of incompatibility

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A Declaration of incompatibility is a declaration issued by judges in the United Kingdom if they consider that the terms of a statute are incompatible with Britain's obligations under the Human Rights Act which incorporated the European Convention of Human Rights into UK law.

The declaration of incompatibility is seen as a last resort as the judiciary will attempt not to issue such a declaration by interpreting primary legislation as compatible.^[1] Such a declaration will only be issued if such a reading is not possible.

Section 3(1) of the Human Rights Act reads as follows:” 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"

[edit] References

1. ^ An Introduction to the Human Rights Acts 1998 - Alexander Harris Solicitors

[edit] External links

• A table of all of the declarations of incompatibility which the judiciary have made