Question
Asked by
To ask Her Majesty's Government whether, in accordance with the duty imposed by Article 46 of the European Convention on Human Rights to abide by judgments of the European Court of Human Rights, they will introduce legislation to enable United Kingdom courts, below the level of the House of Lords, to depart from decisions of the House of Lords which are incompatible with the Convention rights as interpreted by the European Court of Human Rights in their binding judgments. [HL1690]
No. This issue was carefully considered by the Judicial Committee of the House of Lords in the cases of Kay and others v London Borough of Lambeth and others and Leeds City Council v Price and others [2006] UKHL 10 and in R (on the application of RJM) v Secretary of State for Work and Pensions [2008] UKHL 63. Their conclusion was that the doctrine of precedent should not be altered.