Public authorities as "victims" under the Human Rights Act

Journal: Cambridge Law Journal

Volume: 64

Pages: 315-328

ISSN: 0008-1973

DOI: 10.1017/S0008197305006872

Abstract:

ONE feature of the current debate concerning the term “public authority” in the Human Rights Act 1998 is a rule to the effect that public authorities are not themselves capable of having and enforcing Convention rights. In what follows this will be referred to as the “rights-restriction rule”. The position was confirmed by the House of Lords in Aston Cantlow and has been given effect by the courts in relation to English local authorities and to NHS Trusts in Scotland. Despite this, doubts have been expressed. In particular the parliamentary Joint Committee has suggested, though without argument, that the denial of Convention rights to public authorities may be wrong in principle and that there are “circumstances in which public authorities have Convention rights”.

Source: Manual

Preferred by: Howard Davis