Get an answer in 5 minutes

We'll notify as soon as your question has been answered.

Plus iconAsk a question to our educators
LAW
Asked by Tasnim

Why is s.3 and s.4 of HRA significant in terms of challenging parliamentary sovereignty?

s.3 in effect imposes a purposive approach to interpreting legislation - that it should be read in accordance with convention rights. Historically, the courts were to interpret legislation with a literal approach as to do otherwise would risk inferring a will contrary to that of parliament. This challenges parliamentary sovereignty as its intention must be balanced alongside the ECHR. s.4 allows for Declarations of Incompatibility - the Court is able to declare legislation passed by Parliament incompatible with the ECHR with the view that it be repealed. This challenges the tenet of parliamentary sovereignty that parliament has supreme lawmaking powers.

Michael's profile picture
Verified
Michael Comba
·

9.2k students helped

Similar Law questions

What is Q&A on Scoodle?

At Scoodle we understand that everyone learns in a different way. Some people learn through practice, using essays and notes; others prefer video lessons to watch and learn, some just need help with a specifically hard question, while some learn best 1-on-1 tutoring sessions. At Scoodle we cater for all types of learning styles and needs. From GCSE Maths video lessons to A-level English essays and specialist educators in every subject - we’ve got you covered.

Faces of students on ScoodleFaces of students on ScoodleFaces of students on Scoodle
Scoodle has helped over 131,000 students so far

Need help with Primary Law?

Getting expert help from a tutor is a great way to improve your Law grades.

Learn with Video Lessons
A-Level Physical Chemistry
1hr 9m · 7 videos
Ibrahim's profile picture
Ibrahim Dangra
·

2.2k students helped

A-Level Physical Chemistry
GCSE Maths - Numbers
1hr 28m · 8 videos
Paja's profile picture
Paja Kruzikova
·

706 students helped

GCSE Maths - Numbers
How to Analyse (Unseen) Poetry
20m · 7 videos
Nina's profile picture
Nina Modak
·

2k students helped

How to Analyse (Unseen) Poetry
COVID-19 Guidance For Students
30m · 5 videos
Jackie's profile picture
Jackie Jones
·

802 students helped

COVID-19 Guidance For Students
Academic Integrity
29m · 5 videos
Jackie's profile picture
Jackie Jones
·

802 students helped

Academic Integrity
Analysis of 'Ozymandias' by Percy Bysshe Shelley
42m · 4 videos
Nina's profile picture
Nina Modak
·

2k students helped

Analysis of 'Ozymandias' by Percy Bysshe Shelley