The incorporation of the European Convention on Human Rights into Irish law

Abstract

This is a study of the "incorporation" of the European Convention on Human Rights into Irish law effected by the European Convention on Human Rights Act 2003 ("the ECHR Act"). The primary reason for incorporation was diplomatic and linked to the Good Friday Agreement. The Convention and its jurisprudence reveal that incorporation is not compulsory, although it should, in theory, make it easier for people to vindicate their Convention rights in a domestic forum. Further, Ireland’s record before the European Court of Human Rights ("the ECtHR"), while relatively good, reveals that problems exist in relation to Article 6 ECHR particularly in the area of the right to the speedy determination of legal disputes.