Question:Under the Human Rights Act 1998 the English courts have various powers concerning existing legislation.
Which three of the following powers do they have?
A. Refer it to the European Court of Justice.
B. Instruct Parliament to amend it.
C. Declare primary legislation incompatible.
D. Strike out incompatible delegated legislation.
E. Interpret it so it is compatible with the Human Rights Act 1998.
The correct answers are: Interpret it so it is compatible with the Human Rights Act 1998; Strike out incompatible delegated legislation; Declare primary legislation incompatible.
解析:An English court must interpret legislation so that it complies with the Human Rights Act 1998, if possible. If not, it can either strike it out (if it is delegated legislation) or declare it incompatible (if it is primary legislation). Parliament may replace legislation which has been struck out, or amend legislation which has been declared incompatible, but is not obliged to do either and cannot be 'instructed' to do so. The European Court of Justice only has jurisdiction in the law of the European Union.
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