It is unlawful for a public authority1 to act in a way which is incompatible with a Convention right2. An 'act' includes a failure to act3 but, in order to preserve Parliamentary sovereignty and prerogative power (ie the power of the executive to introduce legislation):
(1) an 'act' does not include a failure to introduce in or lay before Parliament a proposal for legislation4 or a failure to make any primary legislation
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