Originally posted by TalkingCheese
View Post
Parliament have told the Courts that if Parliament ever pass legislation which goes against Human Rights (as per the UK Human Rights Act) then the Court can declare that legislation to be incompatible. In effect, Parliament have bound themselves to respect human rights.
This gives the Courts the power to (effectivley) strike out the smallest amount of legislation (words) in order to bring the legislation back in line with the UK Human Rights Act.
The Court can therefore (effectively) strike out the words "always have had effect" but cannot insert new words.
Comment