The European Convention on Human Rights Act 2003 – Ten Years On

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Abstract

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the UK’s Human Rights Act 1998 throughout the discussion.
Original languageEnglish
Pages (from-to)61-96
Number of pages36
JournalInternational Human Rights Law Review
Volume3
Issue number1
DOIs
Publication statusPublished - 2014

Keywords

  • Human rights
  • European Convention on Human Rights Act 2003
  • Irish courts
  • Irish Constitution
  • Human Rights Act 1998

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