Chapter 6 Notes on key legislation

Reasons: process and substance

Human Rights Act 1998

  • Section 3 outlines the interpretive obligation.
  • Section 4 gives courts the power to make declarations of incompatibility.
  • Section 6(1) provides that it is unlawful for a public authority to act incompatibly with a Convention right.
  • Schedule 1 outlines the Articles.

European Convention on Human Rights

  • Article 5(2) provides there must be reasons given for an arrest.
  • Article 6 (right to a fair trial) involves a duty to give reasons, according to the Strasbourg jurisprudence.
  • Article 15(3) provides that governments must give reasons for emergency derogation measures

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

  • Article 253 outlines the obligation of Community institutions to give reasons for their regulations, directives and decisions.
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