SQE1 — Solicitors Qualifying Examination Part 1

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Under the Human Rights Act 1998, what must UK courts do when they find that primary legislation is incompatible with a Convention right?

Strike down the legislation as invalid Issue a declaration of incompatibility under section 4 Refer the matter to the European Court of Human Rights Automatically amend the legislation

Correct Answer:

Issue a declaration of incompatibility under section 4

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