Local authorities and the European Convention on Human Rights Act 2003

Abstract

This article discusses the impact of the European Convention on Human Rights Act 2003 (ECHR Act) on local authorities in Ireland. The Act creates a new framework for the representative, regulatory, agency and service provision roles of these "organs of the State". Judicial review "with its many limitations" remains the ultimate legalmethod of evaluating compliancewith these obligations. Interpreting the concepts of respect for human rights, positive obligations, reasonableness and proportionality from European Court of Human Rights precedents within Irish jurisprudence may bring some interesting outcomes. The Irish courts have already held that some local authorities failed to comply with their obligations under the ECHR Act. The Act could yet have a significant impact on the actions, obligations and judicial review of local authorities, but there