An Absurd Law Cut Down by the Human Rights Act 1998-Section 19(3) of the Land Compensation Act 1973

摘要

The Human Rights Act 1998 has often been criticised for the power it gives to what are termed "unelected judges" to make law. However, the Court of Appeal's decision in Thomas v Bridgend CBC,1 while showing the power of the courts under the Act, is unlikely to come under fire either from the left or the right of political opinion. In this case, the court held that the exclusion by s.19(3) of compensation claims by property owners affected by a new road that was not adopted by a local authority within three years of its opening date was incompatible with the right to peaceful enjoyment of possessions in art.l of Protocol 1 of the European Convention on Human Rights 1950.