Human Rights

Justice written question – answered on 13th December 2010.

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Photo of Tom Greatrex Tom Greatrex Shadow Minister (Scotland)

To ask the Secretary of State for Justice what assessment he has made of the potential for legal challenge to the provisions of the Human Rights Act 1998 which do not define the Scottish Parliament as a legislature.

Photo of Jonathan Djanogly Jonathan Djanogly The Parliamentary Under-Secretary of State for Justice

The meaning of "legislature" in article 3 of the First Protocol to the European Convention on Human Rights, as scheduled to the Human Rights Act 1998, is currently being considered by the European Court of Human Rights in a case against the United Kingdom. The Human Rights Act itself does not define "legislature" in this provision.

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