Essential elements of the legal system — ACCA Practice Question 03

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Recall the principle of Parliamentary Sovereignty and how the HRA 1998 interacts with it.

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B.The court may issue a declaration of incompatibility, but the legislation remains valid and enforceable.✓ Correct

Due to parliamentary sovereignty, UK courts cannot invalidate primary legislation. Section 4 of the Human Rights Act 1998 allows higher courts to issue a 'declaration of incompatibility', which acts as a strong political signal to Parliament to change the law, but does not affect the validity or continuing operation of the Act.

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Assuming UK courts have the same strike-down powers as the US Supreme Court.

Section A

Under the Human Rights Act 1998, what is the legal effect if a UK court finds that a piece of primary legislation (an Act of Parliament) is incompatible with the European Convention on Human Rights?

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Practice the full ACCA LW — Corporate and Business Law Practice Exam 5

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Section A Under the Human Rights Act 1998, what is the legal effect if a UK court finds that a piece of primary legislation (an Act of Parliament) is incompatible with the European Convention on Human Rights?

How to approach this question

Full Answer

Common mistakes

Practice the full ACCA LW — Corporate and Business Law Practice Exam 5

More questions from this exam

Section A

Under the Human Rights Act 1998, what is the legal effect if a UK court finds that a piece of primary legislation (an Act of Parliament) is incompatible with the European Convention on Human Rights?