Could the United Kingdom’s derogation order 2001 breach the European convention on human rights?

Abstract

After the September 11 attacks on the US many countries all over the world took a number of drastic measures to crackdown on whom they suspected to be terrorists. These measures were criticized by many academicians and human rights activists as incompatible with human rights conventions, charters and legislations, internationally and domestically. Then, the United Kingdom passed Human Rights Act 1998 (Designated Derogation) Order 2001 which was seriously criticized as being against the country’s several treaties on human rights and most especially the Human Rights Act. This article critically analyses that derogation order in view of the so many decisions of the European Court of Human Rights and the provisions of the European Convention on Human Rights and the United Kingdom’s Human Rights Act.