The Oxford Biblical Studies Online and Oxford Islamic Studies Online have retired. Content you previously purchased on Oxford Biblical Studies Online or Oxford Islamic Studies Online has now moved to Oxford Reference, Oxford Handbooks Online, Oxford Scholarship Online, or What Everyone Needs to Know®. For information on how to continue to view articles visit the subscriber services page.
Show Summary Details

Page of

PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). (c) Copyright Oxford University Press, 2023. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice).

date: 02 December 2023

declaration of incompatibility

A Dictionary of Law
Jonathan LawJonathan Law

declaration of incompatibility 

A declaration by a court (High Court or above) that a statute (or part of a statute) is incompatible with the European Convention on Human Rights. Before making such a declaration, the court must try to interpret or give effect to the legislation "so far as it is possible to do so…in a way which is compatible with the Convention rights". A declaration of incompatibility does not in itself invalidate the legislation but a fast-track procedure can be used by the government to ensure that Parliament amends it.