This paper was originally presented by Prof. Paul Craig at a seminar in Chambers in October 2006.
“The recent decisions of the House of Lords’ in Carson, Hooper and Wilkinson raise important issues concerning the Human Rights Act 1998, and matters of more general constitutional significance. This paper considers the implications of these decisions. The discussion begins with equality, including consideration of the standard of review, and the method used to determine discrimination claims. The focus then turns to the relationship between section 3 and section 6(2) of the HRA. The final section addresses the ambit of the Crown’s common law power to deal with its property without recourse to statutory authority.”