section human rights act section human rights act provision human rights act enables act effect united_kingdom section requires courts interpret primary subordinate legislation provisions compatible articles human rights act interpretation goes far normal statutory interpretation includes past future legislation preventing human rights act repealed subsequent contradictory legislation courts applied section act forms interpretation reading words statute reading words omitted statute reading particular meaning chosen compliance interpret statutes conflict legislative intent courts reluctant particular read provisions reason possible interpret issue declaration section relationship sections parliamentary sovereignty commented extensively common criticism implied limitations legislative supremacy opponents criticism questioned factual accuracy suggestion weakening parliamentary sovereignty avoided instead cite morality positive features change limits courts powers law making criticism related rule law advancement human rights seen positive feature associated rule law whilst scope section criticised vague warnings judiciary parliament domain challenged context human rights rights taken universal considerable importance relate individual collectively things grant freedoms claims powers drawn wake second world war uphold rights united_kingdom ratified accepted right individual petition human rights act convention rights directly british court time excluded articles government argued fulfilled act relevant rights enforced human rights act considerable effect british law remains act fundamental constitutional importance provisions section states far possible primary legislation subordinate legislation read given effect way compatible convention rights accordingly court read statute passed parliament uphold convention rights possible possibly section act widest scope human rights act built small number previously recognised absolute freedoms aim different systems new zealand bill rights require interpretation reasonable happened anderson home secretary alternative interpretation possible alternative declaration section lord case home secretary introduction human rights act said parliamentary sovereignty means parliament chooses contrary fundamental principles human rights human rights act power constraints exercise parliament ultimately political legal principle legality means parliament confront accept political cost fundamental rights general ambiguous words great risk implications meaning passed unnoticed democratic process absence express language necessary contrary courts general words intended subject basic rights individual way courts united_kingdom acknowledging sovereignty parliament apply principles little different exist countries power legislature limited constitutional document read effect requires interpretation possible legislation interpretation open court consistent convention rights chosen following introduction human rights act disagreement judges far provision went lord said obligation section act strong applies ambiguity language sense language capable different meanings noted necessary section adopt interpretation appear strained declaration measure resort established cases interpretation far court assume administrative power practical consequences best placed consider meaning departs substantially fundamental feature act parliament likely crossed boundary interpretation amendment given precise wording statute altered section thrust important going thrust required legislative power courts sources example wording statute considered primary intent parliament decision appears achieved settling approach taken extreme cases section extends scope section past future acts parliament addition present legislation usual policy implied repeal statutes resolved favour later statute human rights act explicitly repealed act parliament deliberately merely introducing contradictory legislation act carries additional force considered constitutional character result widely recognised parliament directly convention rights rarely sections confirm validity legislation interpreted section section said protect primary legislation incompatible secondary legislation primary legislation interpretation types judicial interpretation commonly identified context section reading reading reading reading refers adding words present statute ensure compliance convention rights reading removing words statute processes implemented reference implementation european legislation ensure compliance domestic law european law accepted secondary legislation remain controversial primary legislation parliament included omitted words intent reading words conflict parliamentary intention courts accepted powers passing human rights act agreed courts power extra provisions read statute ensure compliance statute legitimate aim protecting potential rape victims merely words lord methods adopted amounted legislative housing court appeal rejected possibility reading provision altered method problem laid parliament amounting starting best approach issue courts far reluctant read wording fear going parliamentary intention remains possibility reading involves choosing interpretation compatible strictly possible example placing burden proof defendant raising defence need persuade jury case judged incompatible article convention related innocence long english law court read burden proof merely burden meaning defendant merely raise evidence support defence believed conflict article court instead requiring burden believed context offence case conflict article academic commentary human rights act brought parliament government considered necessary prevent courts setting aside legislation basis reflecting strong need respect parliamentary sovereignty effect parliamentary sovereignty criticised despite place section defended reference enhanced morality new system prompted incoming tide human rights considers choice court cases question parliamentary sovereignty complex question far judiciary perform legislative function area considers political legislative pressure government section overwhelming extent concept parliamentary sovereignty eliminated writers stressed important formal right ignore decision result debate label section radical tool implement human rights limitation parliament characterised section deeply mysterious provision respects including judging strong provision issue dealt courts noted act expected argues hope courts uphold rights convention accepting rarely instead section requires courts find compatibility convention possible words find convention impact examined upper boundaries courts powers interpretation puts forward possible limits firstly text statute ambiguous secondly reading words inappropriate interpretation restricted cases involve implied repeal young dismisses incompatible legislative history case judicial history believes present rigid limit courts powers decision provides method legislative history bill play role interpretation believe section displaced purpose interpretation parliamentary intention eyes section intention judicial applies case hand concluding breaks non commonly considered rule law necessary note rules courts transparent new interpretation section differs ordinary meaning section standard interpretation leaves citizens uncertain law sales suggest applying section legislation merely legislature intended follow applying legislation possibly base section allows view section provides strengthened basis sort weak review scope carefully determined courts hand parliament statutory form criticisms forward firstly implied repeal goes parliamentary sovereignty require parliament future parliament secondly section interpretations follow parliamentary intent questionable allow interpretations contrary intent section render section necessary judicial powers probably analysis courts provide answer criticism depending viewpoint whilst scope section criticised vague leading easily judiciary legal domain parliament viewpoint controversial rules emerging application section
Section 3 of the Human Rights Act 1998