The review will consider how the act is working in practice and whether any change is needed.

The government established the review to examine the framework of the HRA, how it is operating in practice and whether any change is required. 

Specifically, the review will look at two key themes:

• the relationship between domestic courts and the European Court of Human Rights (ECtHR)
• the impact of the HRA on the relationship between the judiciary, the executive and the legislature

The review will consider the approach taken by domestic courts to jurisprudence of the ECtHR, including how the duty to “take into account” jurisprudence has developed.

It will consider whether the HRA strikes the correct balance between the roles of the courts, the government and Parliament.

Moreover, it will consider whether the current approach “risks domestic courts being unduly drawn into questions of policy”. The panel will then consider whether and if so, what reforms might be justified.

As part of its work, the review will also examine the circumstances in which the HRA applies to acts of public authorities taking place outside the territory of the UK, with consideration of the implications of the current position, and whether there is a case for change.

The review is limited to consideration of the HRA, it will not consider the scope of the substantive rights scheduled to the Human Rights Act.

The call for evidence closes on the 3 March 2021.