‘The ECHR was incorporated into UK domestic law through the Human Rights Act 1998 (HRA), which came into effect in October 2000 and has been hailed as a “constitutional statute” enjoying limited protection from implied repeal which this status brings (see Thoburn v Sunderland City Council). It has been further referred to as a “higher order” provision under which the long established doctrine of parliamentary sovereignty has yielded its station to the constitutional morality of the rule of law. It is arguable that the HRA has provided substantial positive protections to citizens as judgments finding violation against the UK have decreased in trend from 6.8% of Strasbourg judgments in 2001 to 0.2% in 2017.’
UK Constitutional Law Association, 28th November 2019
Source: ukconstitutionallaw.org
