Essay about The Human Rights Act - 2435 Words

The Human Rights Act ‘The Human Rights Act in its present form, besides failing to properly incorporate the European Convention on Human Rights, gives the United Kingdom a defective law which puts it at the bottom of any international league table of bills of rights. The Act talks of rights, but keeps them at arms length and has as a consequence been hesitantly applied by the courts.’ Discuss. Since 1966, Strasbourg was the final resort for British citizens to claim their rights. It was frequently criticised for its â€Å"long and expensive process [†¦] [which sometimes appeared] to be Europe imposing its will on the†¦show more content†¦Supremacy of Parliament was kept due to the fear â€Å"that the Act would transfer too much power from an elected Parliament to the judiciary.†[3] Even though in relation to how Dicey expected that Parliament acted in order not to abuse power in the country, acting reasonably, it still has the power to repeal the HRA which constitutes the basic assurance of human rights in UK. In accordance with Lord Nicholls in the case of In Re S, â€Å"the Act seeks to preserve parliamentary sovereignty [and it] maintains the constitutional boundary.† On further analysis, it can be noted that Parliament can enact any legislation that would offend the Convention without anyone being able to decline it, which brings us, to the same conclusion as Lord Irvine, stating that â€Å"the ultimate responsibility for compliance with the Convention must be Parliament’s alone†[4] If a breach of the convention occurs the court cannot interpret the provisions in a complex way (it would be against section 3) nor can they declare that the Act is void. Nevertheless, under section 4 of the HRA, Parliament offers the courts an opportunity to make a declaration of incompatibility whenever they find that legislation is not acting in harmony with the Convention. In theShow MoreRelatedThe Human Rights Act3299 Words   |  14 Pagesâ€Å"What are we to make then of the promise of the Human Rights Act that it would provide for better protection of civil liberties?† KD Ewing The Futility of the Human Rights Act (2004) Public Law Background to the Human Rights Act (HRA) The Human Rights Act 1998 (HRA) was granted royal assent on the 9th November 1998, however, it was not fully implemented until the 2nd of October 2000. Previous to the implementation of the HRA , anyone who wanted to challenge the decision of the UK GovernmentRead MoreHuman Rights Act 1998 ( Hra )3755 Words   |  16 PagesSection C: 8 Before the Human Rights Act 1998 (HRA) coming into force, the UK subscribed to a ‘weak’ judicial review. However, the Act has brought a drastic change into the practice of judicial review in the UK. In this essay, I shall argue that with the new powers conferred to the courts under sections 3 and 4 (ss 3 and 4) of the HRA, they have developed a mechanism which allows the court to communicate with Parliament through their interpretations although the practice of judicial review remainsRead MoreSignificance of Section 3 and 4 of the Human Rights Act 19981312 Words   |  5 PagesThe power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are no t significantly different from the power to strike down Acts of Parliament, whereas section 4 does notRead MoreThe Between The Uk Parliament And The Human Rights Act 1998 ( Hra ) On Sovereignty1030 Words   |  5 PagesParliamentary Sovereignty is, as Dicey coined â€Å"the right to make or unmake any law whatever†¦ [with] no person or body†¦ having a right to override or set aside the legislation of Parliament.† Immediately, we see a contradiction between the UK Parliament and the Human Rights Act 1998 (HRA) on sovereignty. The issues David Cameron puts forward in his speech have all attracted much attention from a Human Rights perspective. More and more the European Courts of Human Rights (ECHR) are becoming an integral part ofRead MoreThe Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution2570 Words   |  11 PagesThe Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitut ion The Human Rights Act 1998 (HRA), an Act introduced to give effect to rights from the European Convention on Human Rights (ECHR) in domestic legislation. Its introduction has affected many legal areas; especially the conceptions of the rule of law and their place in the UK constitution. To understand the effect of the HRA, it is first necessary to establish the initial statusRead MoreThe Human Rights Act1495 Words   |  6 Pagesunder UK constitutional law, it is recognised that parliament has the power to enact, revoke or alter such, and any, law as it sees fit.† The Human Rights Act (HRA) 1998 also reaffirms this by saying that â€Å"its recognition of the power of parliament to make primary legislation that is incompatible with the rights provided under the European Convention on Human Rights (ECHR). Even though judges must abide by the will of Parliament, there are some cases were statutes have to be amended for a number of reasonsRead MoreHuman Rights Act1816 Words   |  8 PagesThe Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to â€Å"give further effect† in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this wasRead MoreHuman Rights Act1806 Words   |  8 PagesThe Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to â€Å"give further effect† in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this wasRead MoreThe Human Rights Act 19981470 Words   |  6 PagesThe Human Rights Act 1998 sets out fundamental rights for everyone within the UK. This incorporates the rights in which were set out in the European Convention on Human Rights, meaning if a persons’ rights are breached, the case can be brought to UK court rather than seeking justice from the European Court of Human Rights located in France. In practice, this ensures all new laws are compatible with the Human Rights. The European Court of Human Rights; which focuses on humanities basic necessitiesRead MoreThe Human Rights Act 1998914 Words   |  4 Pagesimplications in regards to this study and the relevance to this particular case. The Human Rights Act 1998 according to Wild and Weinstein (2013-p217) came into force on the 2nd of October 2010. It seeks to protect the rights of all European nations. (LIST ALL RIGHTS IF YOU HAVE THE WORD COUNT) The Equality Act 2006 according to personnel today (2006) was firstly to establish the Commission for Equality and Human Rights, this is applicable to discrimination on grounds of beliefs and religions in the