Declaration of incompatibility
Declaration of incompatibility
Real World
In A v Secretary of State for the Home Department (2004) ('the Belmarsh case'), the House of Lords issued a declaration of incompatibility against the Anti-terrorism, Crime and Security Act 2001, finding indefinite detention of foreign terror suspects violated Articles 5 and 14.
Exam Focus
Stress that a declaration does NOT invalidate the law — Parliament retains sovereignty; this point is frequently missed in exam answers.
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