Revisiting section 3(1) of the Human Rights Act

Discusses difficulties with the interpretation of the Human Rights Act 1998 s.3(1). Considers the House of Lords ruling in Re S (Children) (Care Order: Implementation of Care Plan) in which s.3(1) was interpreted as meaning that a reading of legislation should not depart substantially from a fundamental feature of an Act of Parliament. Refutes criticisms of the author's article Reconciling Parliamentary Democracy and Human Rights in L.Q.R. 2002, 118(Apr), 248-269 made by Gavin Phillipson in (Mis)-reading Section 3 of the Human Rights Act in L.Q.R. 2003, 119(Apr), 183-188.