Impact of the Human Rights
Act in the UK
Rabinder Singh QC

Introduction
• Impact on court system
• Impact on executive
• Impact on Parliament

Impact on court system
• No deluge of cases
• Not much impact on criminal courts
• Not many damages claims
• Main impact on judicial review
• And at appellate level

Some leading cases
• Amin : duty to investigate death in custody
• Ghaidan : rights of same-sex partners
• A (Belmarsh) : detention without trial
• Limbuela : asylum support
• Al-Skeini : extra-territorial application of
HRA

Impact on common law
• Courts included as public authorities
• Positive obligations may fall on courts
• Contrast Canada: Dolphin Delivery
• Venables

Impact on executive
• NB: Govt’s Review of HRA (July 2006)
• No significant impediment
• Exception: Chahal (ECHR case)
• Statements of compatibility of primary legislation
• Voluntary statements for secondary legislation

Declarations of incompatibility
• Always complied with to date
• Even most controversial one in Belmarsh
• Usually by Act of Parliament
• Though remedial orders possible

Impact on Parliament
• Legislative supremacy of Parliament preserved
• Work of Joint Ctee on Human Rights
• Constitutional “dialogue”

The Future
• Commission for Equality and Human
Rights (from Oct 2007)
• Govt Green Paper The Governance of
Britain (July 2007)
• Opposition suggestion of repealing HRA
• Possible British Bill of Rights

Impact of the Human Rights
Act in the UK
Rabinder Singh QC