How Does the Human Rights Act 1998 Affect UK Domestic Law?

[graceedens]

Law Tutor - The Human Rights Act 1998 (HRA) significantly affects UK domestic law by incorporating the rights set out in the European Convention on Human Rights (ECHR) directly into UK law. Before the Act, individuals had to go to the European Court of Human Rights in Strasbourg to enforce their rights. The HRA enables UK courts to hear human rights cases domestically, making rights more accessible and enforceable.

Under the HRA, public authorities, including government bodies, police, and local councils, must act in a way that is compatible with ECHR rights (Section 6). Courts are also required, under Section 3, to interpret UK legislation, as far as possible, in a manner consistent with the Convention rights. If this is not possible, higher courts can issue a declaration of incompatibility (Section 4), which signals to Parliament that a law conflicts with human rights, though it doesn’t invalidate the law.

The Act strengthens the rule of law, enhances judicial oversight of public bodies, and promotes a rights-based culture in governance. While it preserves Parliamentary sovereignty, the HRA ensures human rights are a core part of domestic legal reasoning and public decision-making, fundamentally shaping how justice is delivered in the UK.