Research On UK Court’s Incompatible Declaration

The Great Britain is a typical ‘Parliamentary Sovereignty’ country in which the parliament embraces unparalleled power.Comparatively speaking,the courts’ power is quite weak in UK.This situation has not been changed until the 1998 <Human Rights Act> empowered the courts to carry out so-called incompatible declaration which means the courts could review what is against the constitution.This contributes to the change of British traditional ‘Parliament Sovereignty’ notion to some extent.To be frank,this kind of change improves the effect of constitutional supervision and facilitates human rights protection as well.Compared with UK,the fundamental political system in China is people’s congress system.Under such a system,the national people’s congress of China(NPC),which is similar to UK parliament,is the highest organ of state power.Thus,there are no organs embracing the power to supervise NPC acts.But the problem is that the self-examination system of NPC is less-than-desirable,unconstitutional acts and behaviors exist broadly in practice to some extent.UK’s constitutional reform road could enlighten China a lot.This dissertation will be dividing into four parts.Firstly,introducing UK ‘weak’judicial review and incompatible declaration system.In this part,starting with analyzing how judicial review could be possible in UK,and then pointing out how judicial review system works.Finally,to analyze why some scholars harbor the view that the judicial review system in UK is quite ‘weak’.In the 2nd part,analyzing the theoretical and practical basis upon UK incompatible declaration system.To be specific,the part will be illustrating that international and domestic situation’s change,the development of administrative centralization and people’s suspect upon the Parliamentary ability to protect human rights may be reasons why the UK courts could be empowered to judicial review.Apart from that,the fear of being blamed for parliamentary improper behaviors and the purpose of remedying <Human Rights Acts> defects could be other 2 reasons for this change.In the 3rdpart,showing the implementation of UK incompatible declaration system.After analysis,it is safe to say that the UK courts are always cautious about declaring so-called incompatibility.Furthermore,the government and the parliament are likely to show positive attitude upon court’s incompatible declaration.Last but not the least,the statistics fromECt HR show that there is a decreasing trend that UK has been sued to the Strasburg Court over past 2 decades.Meanwhile,human rights protection situation in UK has been improved a lot in the same period.In the 4th part,concluding how China could learn some lessons from UK constitutional reform.This part will be dividing into 3parts.Firstly,insisting on National People’s Congress system.This will be followed by advocating that the Chinese courts need to play its crucial consultative role in constitutional supervision process.Finally,as far as Chinese constitutional supervision system is concerned,it is better to not neglect the Chinese Communist Party’s function.