REGULATION AND THE HUMAN RIGHTS ACT

By Richard Clayton QC

The impact of the Human Rights Act (the HRA) on regulatory work has been significant and wide ranging.  It is difficult to identify any other field of law where Article 6 has played such a large role.  Article 8, on the other hand, has been invoked rather less frequently and to less effect whereas implications of the right to property under Article 1 Protocol 1 on regulatory activity has been marginal. Because Convention rights have intersected with regulatory work in so many different contexts, my paper gives only a partial picture of regulatory practice and procedure.  I have tried to set the Convention issues in context, but have not developed at length the general legal principles which are in play.

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