ExpertMedium2 marksMultiple Choice
ACCA · Question 03 · Corporate and Business Law
Which of the following statements regarding the Human Rights Act 1998 is correct?
Which of the following statements regarding the Human Rights Act 1998 is correct?
Answer options:
A.
UK courts can strike down primary legislation if it is incompatible with the European Convention on Human Rights.
B.
UK courts must interpret legislation in a way that is compatible with Convention rights, so far as it is possible to do so.
C.
The Act allows individuals to sue private companies directly for breaches of human rights.
D.
The Act abolished the doctrine of parliamentary sovereignty.
How to approach this question
Recall the powers granted to UK courts under the HRA 1998.
Full Answer
B.UK courts must interpret legislation in a way that is compatible with Convention rights, so far as it is possible to do so.✓ Correct
Under s.3 of the HRA 1998, courts must interpret legislation compatibly with Convention rights where possible. If impossible, they issue a declaration of incompatibility under s.4, preserving parliamentary sovereignty.
Common mistakes
Believing UK courts have US-style supreme court powers to strike down laws.
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