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1 results

  • 12 - Declarations, Obligations, Collaborations

  • from Part IV - Responsive Legislatures
  • Aileen Kavanagh, Trinity College Dublin
  • Book:
    The Collaborative Constitution
    Published online:
    12 October 2023
    Print publication:
    26 October 2023, pp 363-402

  • Summary

    One key question which arises under the Human Rights Act 1998 is whether there is a constitutional convention of political compliance with declarations of incompatibility. This chapter provides a comprehensive empirical analysis of all the political responses to declarations of incompatibility in the first two decades of the HRA. It concludes that there is significant evidence of a constitutional convention in statu nascendi. Though the convention does not preclude the government and legislature from rejecting a declaration of incompatibility in exceptional and rare circumstances, there is a conventional and normative expectation amongst the key political actors that they are under an obligation to comply with those declarations in the normal run of affairs.