The Human Rights Act brought the European Human Rights legislation into UK constitution/law.
Additionally, it gave judges the power to declare a bill as incompatibility (“declaration of incompatibility”).
This is done with the expectation that Parliament will amend the act/bill to be more compatible with the Human Rights Act, however Parliament does not have to follow the declaration and can derogate.
Comparison of Like vs. Unlike Fundamental Law
| Like | Unlike |
|---|---|
| Judges can declare incompatibility | Government can derogate the declaration of incompatibility |
| Gives judges a power/right | No fiscal power |