In November 2000 the European Convention on Human Rights was incorporated into British law by means of the Human Rights Act dating from 1998. The intent of this dissertation is to disclose the effects of this incorporation on British common law.
In order to understand the problems arising from the incorporation, the most important and explanatory particularities of the common law system are explained and exemplified. A main point is that traditions of legal reasoning and interpretation regarding human rights and common law are traditionally different in many, but not all, aspects. Methods of interpretation and the significance of precedent are central issues at this point.
It is concluded that as a result of the incorporation, common law will have to undergo a change in order to meet international demands. In the dissertation this change is described as a cultural change. The main discussion is thus concentrated on the effect of a major and internationally inspired constitutional change in a state, which traditionally solves legal questions differently from international human rights organs and continental civil law countries.
This paper is an abbreviated version of a dissertation completed in the Spring of 2001.

Common Law & The Human Rights Act 1998

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