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Legal Terms - declaration of incompatibility
a ruling (by a High Court or higher) stating that a particular statute or portion of a statute is unconstitutional under the *European Convention on Human Rights. The court must attempt to interpret or give effect to the legislation "so far as it is possible to do so...in a way which is compatible with the rights under the Convention" before issuing such a declaration. Although a declaration of incompatibility does not automatically render legislation unlawful, the government may utilize a fast-track approach to force Parliament to make necessary amendments.
a ruling (by a High Court or higher) stating that a particular statute or portion of a statute is unconstitutional under the *European Convention on Human Rights. The court must attempt to interpret or give effect to the legislation "so far as it is possible to do so...in a way which is compatible with the rights under the Convention" before issuing such a declaration. Although a declaration of incompatibility does not automatically render legislation unlawful, the government may utilize a fast-track approach to force Parliament to make necessary amendments.
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