Originally posted by waldo
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One of the procedures in the passage of new legislation in Parliament is the declaration, when deemed appropriate, that each such piece is compatible with the UK HRA; I have reason to doubt that this actually works in practice and, in any event, should anyone successfully mount and win a judicial review of any such legislation, a Court would be empowered only to award all the costs of the case against the government; it would then be obliged to issue a Declaration of Incompatibility (http://en.wikipedia.org/wiki/Declara...ncompatibility) which would thenceforth be a mere matter of public record as it has no power to force government to change the errant law concerned. In the light of this, even such Parliamentary declarations that new legislation is compatible with UK HRA that are actually made would appear not to be worth the line on the page of in Hansard upon which they'd be written...
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