Q&As

What does Brexit mean for the Human Rights Act 1998?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Alison Meacher of Gatehouse Chambers
Published on: 05 July 2016
imgtext

Impact of Brexit

Brexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human Rights (ECHR) provided for by the HRA 1998. Nor will it automatically lead to the UK withdrawing its membership from the Council of Europe, which is an entirely separate body from the European Union.

The Council of Europe was created at the end of the Second World War. It has 47 members and its membership includes but is not limited to the 28 (current) members of the European Union. The headquarters of the Council is in Strasbourg. It is comprised of a Committee of Ministers and a Parliamentary Assembly and its most senior official is the Secretary General. The Parliamentary Assembly is not an elected parliament; its members are elected by the parliaments of the individual Member States.

Council of Europe and the European Convention on Human Rights

The Council of Europe drafted the European Convention for the Protection of Human

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

Read more readmore

Popular documents

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid