Skip to main content Accessibility help
×
Home
  • Print publication year: 2011
  • Online publication date: November 2011

18 - Conclusions

Summary

The HRA has clearly had an impact on private law, both directly and indirectly. Directly, in that there are now areas of the law that have been changed as a result of its enactment, both through statutory interpretation and through modification of the common law. Indirectly, in cases where the values underlying the Convention have had an impact, or at least had an effect on the way in which cases have been argued and determined, but which has fallen short of specific changes in the law.

Further, as most public authorities (whether defined generally or under the HRA) are sooner or later parties to litigation in respect of their own rights and obligations, this has led to consideration of the interaction between the Convention rights and the common law in a variety of areas. In addition, the courts themselves have had to take the Convention rights into consideration when exercising their own powers as to procedure and remedies.

Related content

Powered by UNSILO
Warbrick, C. 1998
Moreham, N. 2008