An introduction to the Human Rights Act 1998

Produced in partnership with Dr. Alex Williams of Cornerstone Barristers

Practice notes

An introduction to the Human Rights Act 1998

Produced in partnership with Dr. Alex Williams of Cornerstone Barristers

Practice notes

Convention rights

The Human Rights Act 1998 (HRA 1998) came into force in October 2000 and aims to give effect to the rights contained in the European Convention on Human Rights (ECHR) (the Convention rights). The ECHR is an international binding treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it only became binding in UK law with the introduction of HRA 1998.

In particular, HRA 1998 provides:

•
a remedy in the UK courts for breach of a Convention right without the need for the claimant party to seek redress in the European Court of Human Rights (ECtHR) in Strasbourg
•
that it is unlawful for a public authority (including a court or tribunal) to act in a way which is incompatible with a Convention right
•
that primary legislation and subordinate legislation must be interpreted in a way which is compatible with the Convention rights
•
the UK courts with the power to make a declaration of 'incompatibility', if satisfied

Dr. Alex Williams

Barrister, Cornerstone Barristers

Dr Alex Williams is a practising barrister specialising in public law and human rights, with a particular focus on licensing, planning and social housing matters. He has been involved in litigation at all judicial levels.

Formerly Lecturer in Law and Co-Director of the Human Rights Centre at Durham University, Alex is a distinguished academic writer with internationally recognised expertise in public law and human rights, particularly on the intersection between public and private law, the meaning of 'public authority' and 'public functions', and the scope of ECHR and judicial review obligations. He has advised on these matters both as an academic and a barrister. He has also acted as a consultant to the Law Commission on its misconduct in public office project.

Alex has published in top-tier academic and practitioner journals such as the Law Quarterly Review, Modern Law Review, Public Law and Judicial Review, and lectured to expert audiences across the world. He is also co-author of Text, Cases and Materials on Public Law and Human Rights (4th edn, Routledge, 2016), which is core reading on many English undergraduate law courses.

Alex studied at Cambridge and Durham universities, receiving a number of awards for academic and mooting achievement during his time as a student. In addition to his tenured academic post at Durham University, he has also held visiting fellowships at Cambridge University, University College London and UNSW, Sydney.

Jurisdiction(s):

United Kingdom

Key definition:

ACT definition

What does ACT mean?

Association of Corporate Treasurers.

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