Chapter 1 Notes on key legislation

European Convention on Human Rights

• The articles catalogue the values that are legally protected at a European and a national level. 
• Please note the links to the Protocols in the right-hand corner. 

Human Rights Act 1998

• Section 3(1) provides that UK legislation, so far as possible, is to be read and given effect to compatibly with Convention rights.  This puts the principle of legality on a statutory footing where Convention rights are concerned.

EC Treaty (‘Treaty of Rome’ - Consolidated Version)

• Article 5, added in the Maastricht Treaty, 1992, outlines the principle of subsidiarity.

Bill of Rights 1688

• Provides that the monarch does not have the ability to suspend laws (below ‘The Subject’s Rights’ under the title ‘Dispensing Power’).
• The other articles focus on protecting Parliament from undue encroachment by the executive power (then held by the King).

‘Liberty of Subject Act’ 1354

• This statute enshrines the ‘due process’ principle.

Freedom of Information Act 2000

• Section 1 provides for a general right to government information.
• This right is substantially restricted by exemptions to the duty of public authorities to provide the requested information, including
• Section 35: Where the information concerns the formulation or development of government policy.
• Section 36: Where the information might prejudice the effective conduct of public affairs.

Public Interest Disclosure Act 1998

• This Act protects ‘whistleblowers’ who disclose information about malpractice.
• Victimization in breach of the Act can lead to damages in an employment tribunal (Section 3).