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date: 28 February 2021

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.