Rights (courts vs Parliament)

1950 Council of Europe treaty. Sets out the rights protected by the European Court of Human Rights in Strasbourg.

Labour Act incorporating ECHR rights into UK law. In force October 2000. Allows UK courts to apply ECHR rights and to issue declarations of incompatibility.

A finding that a statute is incompatible with ECHR rights. Does NOT strike down the statute. Parliament can choose to amend or to ignore.

Parliamentary statute consolidating UK anti-discrimination law. Covers nine protected characteristics including age, race, religion and sexual orientation.

Parliamentary statute that created new criminal offences including "locking on" and obstructing major transport works. Restricted protest rights in England and Wales.

Parliamentary statute removing the right of asylum for those arriving via unauthorised routes.

Parliamentary response to the 2023 Supreme Court ruling. Declared Rwanda a safe country by statute and disapplied parts of the HRA for these cases.

2004 - Law Lords issued a declaration of incompatibility against indefinite detention of foreign nationals. Government amended the law after the ruling.

2005 - European Court of Human Rights found the UK's blanket prisoner voting ban breached the ECHR. UK delayed compliance for over a decade.

Sits in Strasbourg. Administers the ECHR. Can find the UK in breach. Rulings rely on UK government implementation.

UK courts cannot strike down primary legislation. The most a court can do is issue a declaration of incompatibility. Parliament can amend or repeal any rights protection it chose to create.

Parliament can override court rulings on rights. Safety of Rwanda Act 2024 is the proof. The Equality Act shows the major rights framework is itself parliamentary.