The European Convention on Human Rights and UK Courts
How the ECHR, incorporated into UK law through the Human Rights Act 1998, has empowered courts to protect individual rights against government actions.
Real World
In Belmarsh (A v Secretary of State, 2004), the Law Lords issued a declaration of incompatibility, ruling that indefinite detention of foreign terror suspects without trial under the Anti-Terrorism Act 2001 breached Article 5 ECHR rights to liberty.
Exam Focus
Emphasise that declarations of incompatibility do not strike down legislation — Parliament chooses whether to amend the law, preserving parliamentary sovereignty.
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