... importantly, it becomes illegal for a public authority to act in a way that is incompatible with convention rights and a victim of such an unlawful act may bring proceedings against such an authority. For all new legislation, Ministers must make a statement before Second Reading as to whether in their opinion the provisions of the Bill are compatible with Convention rights. Barnett (2002) argues that while these measures undoubtedly improve the protection of rights and generate a more right conscious society, they fall far short of making individual rights and freedom immune from legislative change. Furthermore, he suggests, consistent with conventional constitutional theory, the Human Rights Act 1998 has not been accordance any special status. Thus, its existence and scope remains as with other acts of constitutional import subject to parliaments will. In constitutional terms, the Human Rights Act 1998 is of fundamental importance. It is the first major legislation ...

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