ACCA LW · Chapter 1 · Question 8 of 10
Under the Human Rights Act 1998, what can a higher court do if it is unable to interpret an Act of Parliament in a way that is compatible with a Convention right?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: C) Make a declaration of incompatibility, leaving the Act in force until Parliament decides how to respond
Explanation
Section 3 requires courts to read legislation compatibly with Convention rights so far as possible. If that is not possible, specified higher courts may make a declaration of incompatibility under s4, but this does not affect the validity or operation of the Act. This preserves parliamentary sovereignty: it is for Parliament or a minister to amend the law.
More The English legal system MCQs
- Q10When interpreting a statute, which of the following is a presumption that the courts apply unless the statute clearly indicates otherwise?
- Q1In a civil case in the English courts, what standard of proof must the claimant normally satisfy?
- Q2Which court is the final court of appeal for civil cases arising in England and Wales?
- Q3Under the doctrine of judicial precedent, which part of a judgment binds later courts lower in the hierarchy?
- Q4Which of the following statements about the Court of Appeal (Civil Division) is correct?