declaration of incompatibility

declaration of incompatibility

a power exercisable by the Higher Courts to declare UK legislation as being not compliant with HUMAN RIGHTS LAW. The law is not struck down. The Government will then either amend or withdraw the legislation or perhaps simply no longer use it.
References in periodicals archive ?
Regarding the entity involved in the declaration of incompatibility, Subcontracting and suitability of the bid.
This was challenged in a recent case, where the Court made a declaration that this law is discriminatory and has made a Declaration of Incompatibility.
The declaration of incompatibility and the temporary injunction, furthermore, would satisfy the prudential concerns underlying the hypothetical-passage principle.
Accordingly, as indicated in my judgment, and for the reasons set out in that judgment and as a matter of last resort, I make a declaration of incompatibility.
No one has as yet outlined what such circumstances should be, because until the prisoner voting saga few thought that Parliament would disregard a declaration of incompatibility.
The declaration of incompatibility was hailed as a victory for common sense by civil liberties campaigners but the Government said it was "disappointed" and sought leave to appeal.
20) If a court cannot interpret legislation as compatible, it can make a nonbinding declaration of incompatibility under section 4.
While the declaration of incompatibility was set aside, the Charter survived invalidation.
Since the declaration of incompatibility in 2008, there has been an increase in the number of suspected sham marriages.
The court considered that there were three issues to address: whether K was entitled to participate in children's hearings or whether the sheriff's decision in October 2006 was incompetent; whether section 93(2)(b) was incompatible with K's rights under Articles 6, 8 or 14 of the European Convention on Human Rights; and if so, whether section 93(2)(b) could be read so as to correct that or there should be a declaration of incompatibility.
22) Where it cannot do so, the judiciary would be empowered to issue a declaration of incompatibility putting the government on notice of inconsistency and giving it the option of setting in motion a process of governmental and parliamentary review of the relevant legislation.
The court could also issue a declaration of incompatibility so that the Minister of the Crown may take remedial action in amending the Coal Industry Act 1994 to prevent any future misappropriation.
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