European Convention on Human Rights Act 2003

The European Convention of Human Rights Act 2003 is an act of the Oireachtas (Irish parliament) which incorporated the European Convention on Human Rights in Irish law. The Act applies an interpretative incorporation model at a sub-constitutional level and in many respects is similar to the United Kingdom's Human Rights Act 1998.

Interpretative incorporation

Under the Act Irish courts are required to interpret Irish law in line with the convention, rather than directly apply its provisions. This means that when someone is faced with a particular legal provision which he or she believes contravenes his of her rights under the Convention, rather than asking the Court to invalidate the provision in light of the conflicting convention right, he or she must ask a court to interpret the provision in line with the convention.

This model is therefore essentially the same one as chosen in the United Kingdom. It might be noted however this model was, in the case of the UK, expressly chosen because of the doctrine of Parliamentary Sovereignty. In contrast Ireland has long had judicial review of primary legislation. In Ireland the stated reason for the interpretative road was to avoid the creation of an ersatz Bill of Rights.

The Constitution

Being an ordinary Act of Parliament, European Convention of Human Rights Act is subject to the Constitution of Ireland. As such the rights provided for in the Convention take a second place to those provided for in the Constitution and all Irish legislation must first be interpreted to be in line with the Constitution before any interpretation in line with the Convention would be possible.