Section A

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

Due to the doctrine of parliamentary sovereignty, UK courts cannot strike down primary legislation. If a law cannot be interpreted in a way that is compatible with Convention rights (s.3), the higher courts can issue a 'declaration of incompatibility' (s.4). This does not invalidate the law but puts pressure on Parliament to change it.