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The Convention |
This means the European Convention on Human Rights. |
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Convention rights |
This means the rights and freedoms set out in the European Convention on Human Rights. |
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Declaration of incompatibility |
This means a declaration that can be made by a higher court where they find that primary legislation is incompatible with a Convention right. |
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Derogation |
A "derogation" is a reservation that the UK has attached to certain Convention rights. |
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Higher Court |
For the purposes of the Human Rights Act, a "higher court" means the House of Lords, the Judicial Committee of the Privy Council, the Courts-Martial Appeal Court, (in Scotland) the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session, and (in England and Wales or Northern Ireland) the High Court and the Court of Appeal. |
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Human Rights Act |
This means the Human Rights Act 1998. |
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Margin of appreciation |
This means the degree of discretion allowed to the courts of a particular nation when interpreting Convention rights having regard to local needs and conditions. |
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Protocol |
"Protocols" are additions or amendments to the Convention which may be signed and ratified by parties to the Convention. |
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The Strasbourg Court |
This means the European Court of Human Rights in Strasbourg. |
