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Declarations of Incompatibility issued under section 4 Human Rights Act 1998 over time. #BhamPublicLaw #HRA
Interestingly, 26 DOIs while the House of Lords was the apex court whereas only 14 have been issued since the Supreme Court was established.
Does this mean that claims that the establishment of the Supreme Court has seen a growth in judicial power are wrong? #BhamPublicLaw 1/
Does this mean that claims that the establishment of the Supreme Court has seen a growth in judicial power are wrong? #BhamPublicLaw 1/
Or is it the case that the statute book needed updating for conformity with human rights in the early years of the HRA?
Also, key claims as to the growth in judicial power of the SC have focused on cases that don't involve the HRA; eg Miller and Cherry/Miller 2/ #BhamPublicLaw
Also, key claims as to the growth in judicial power of the SC have focused on cases that don't involve the HRA; eg Miller and Cherry/Miller 2/ #BhamPublicLaw
Finally, the use of s4 can be demonstrative of judicial restraint too, leaving the question for Parliament to decide, rather than deploying s3 HRA. Finally, courts have also refused to use s4 while simultaneously signalling incompatibility of a law with the HRA-- see Re NIHRC 3/
So ultimately, it's too simplistic to simply look at the use of s4 as a measure of judicial activism/innovation... but it's an interesting table nonetheless! #BhamPublicLaw 4/4
