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.
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Sarah Ewart is applying for a judicial review, seeking a declaration of incompatibility with human rights law.
While the majority of judges expressed a view that the regime is incompatible with the European Convention on Human Rights (ECHR), they did not go so far as to make a formal declaration of incompatibility - a move that would probably have forced a law change.
While the majority of judges expressed a view that the current regime is incompatible with the European Convention on Human Rights (ECHR), they did not go so far as to make a formal declaration of incompatibility - a move that would probably have forced a law change.
Mrs Ewart intends to take case to the High Court in Belfast to seek the formal declaration of incompatibility that the Supreme Court declined to grant yesterday.
"As such, the court does not have jurisdiction to make a declaration of incompatibility (with human rights law) in this case," the court said in a summary of the decision.
35.-36., Regarding the entity involved in the declaration of incompatibility, Subcontracting and suitability of the bid.
The declaration of incompatibility and the temporary injunction, furthermore, would satisfy the prudential concerns underlying the hypothetical-passage principle.
First, he could essentially change the law himself (it's called to "read down" current law to include these exceptions) or, second, make a "declaration of incompatibility," meaning that the matter of introducing new legislation would be "for the Northern Ireland Assembly to decide," as Lesley-Anne McKeown explained for The Mirror.
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. (54) I would argue that such circumstances would need to be highly unusual: it should be on an issue where Parliament has engaged directly and at some length with the key issue, and where the law's amendment or repeal would have an adverse effect upon a very substantial number of people in the society, and where the exercise is perceived to be exceptional rather than the dawn of a new practice of disagreement.
(20) If a court cannot interpret legislation as compatible, it can make a nonbinding declaration of incompatibility under section 4.21 Declarations of incompatibility are widely regarded as the principal mechanism for dialogue because they allow the judiciary input while explicitly leaving it to Parliament to decide how and whether to respond.
(141) If the power to make a declaration of incompatibility were without constitutional foundation (either because it breached Kable or could not be picked up by s 79 where a court is exercising federal jurisdiction), it would be a constitutional nullity.
Since the declaration of incompatibility in 2008, there has been an increase in the number of suspected sham marriages.
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