... the guidance given is; "(the Act) is to be given broad and generous interpretation rather than a strict, legalistic interpretation. Its purpose is the protection of human rights and fundamental freedoms and to maintain and promote the ideals and values of a democratic society."2 Indeed the Court of Appeal gave clear indication as to how statutes and the HRA should be treated in Poplar Housing v Donoghue3 , where Lord Woolf stated any incompatibility between common law legislation and the HRA "is to be subsequently amended to include Section 34 of the Human Rights Act". Yet a prominent "bone of contention" that was foreseen by the executive in the act itself is the 'declaration of incompatibility', which has arisen in cases, such as R v MHRT5. This is where the discrepancy between the common law or statute and the HRA cannot be decided, for whatever reason, by the judiciary. Clearly ...

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