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Legal Terms -derogation
Reduction or limitation of a law's, right's, or obligation's strength, authority, or power. In particular: 1. (in the European Convention on Human Rights) In the event of a war or other public emergency endangering the survival of the country, a signatory state may be exempt from some, but not all, of the substantive provisions of the remaining portions of the Convention (Article 15).
The UK government deviated from Article 5 of the Convention (*liberty and freedom from arbitrary imprisonment) in the wake of the September 11, 2001 terrorist attacks on the United States of America and the enactment of the Antiterrorism, Crime and Security Act 2001. This deviation was required since the Act permitted the Secretary of State to detain specific foreign nationals only on the grounds that they might have been involved in terrorism. The House of Lords ruled in A v. Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 that this provision violated the Convention. The House of Lords abandoned the provision in March 2005. Subsequently, in A v. UK (App no 3455/05) (2009) 49 EHRR 29, the Grand Chamber of the European Court of Human Rights found a violation of the Convention and adopted the House of Lords' logic. The Secretary of State must decide whether to create an exception under Article 15 in connection with military engagement outside the United Kingdom, as mandated by the Overseas Operations (Service Personnel and Veterans) Act 2021. 2. (In EU legislation) An exemption provision that enables an EU member state to evade a
a specific rule or guideline. Occasionally, member states are given more time than usual to put an EU directive into effect.
Reduction or limitation of a law's, right's, or obligation's strength, authority, or power. In particular: 1. (in the European Convention on Human Rights) In the event of a war or other public emergency endangering the survival of the country, a signatory state may be exempt from some, but not all, of the substantive provisions of the remaining portions of the Convention (Article 15).
The UK government deviated from Article 5 of the Convention (*liberty and freedom from arbitrary imprisonment) in the wake of the September 11, 2001 terrorist attacks on the United States of America and the enactment of the Antiterrorism, Crime and Security Act 2001. This deviation was required since the Act permitted the Secretary of State to detain specific foreign nationals only on the grounds that they might have been involved in terrorism. The House of Lords ruled in A v. Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 that this provision violated the Convention. The House of Lords abandoned the provision in March 2005. Subsequently, in A v. UK (App no 3455/05) (2009) 49 EHRR 29, the Grand Chamber of the European Court of Human Rights found a violation of the Convention and adopted the House of Lords' logic. The Secretary of State must decide whether to create an exception under Article 15 in connection with military engagement outside the United Kingdom, as mandated by the Overseas Operations (Service Personnel and Veterans) Act 2021. 2. (In EU legislation) An exemption provision that enables an EU member state to evade a
a specific rule or guideline. Occasionally, member states are given more time than usual to put an EU directive into effect.
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