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The UK and the Human Rights Act

 

            The United Kingdom (UK) introduced human rights in the domestic courts through the passing of the Human Rights Act (HRA) of 1998. It is through their dualistic system, this act served as a facilitator towards the access of the Convention rights within the UK domestic courts. The efficiency of the rights within the UK is commendable where persons are able to enforce rights against the state and as a result of cases in the past; the Parliament usually adjusted or reviewed their legislation in order to make it compatible with Convention law. Presently, there has been the proposal for a British Bill of Right and Responsibilities (BOR) to replace the HRA, the proposal has been awaken by the criticisms of the HRA, and the case made for a BOR would be assessed accordingly.
             First of all one should take note of the inefficiencies within the operation of the HRA in the UK. There has always been a tension between the enforcement and protection of a fundamental human right as opposed to the maintenance of the constitutional doctrine of Parliamentary sovereignty. According to Section 2(1) of the HRA, it imposes a duty on the courts and tribunals to 'take into account' any judgment, decision, declaration or advisory opinion of the ECHR. However the contentious phrase would be to 'take into account' since it may mean to consider, to keep in mind or to treat as relevant; but does it mean in anyway to be bound by? According to Lord Slynn in R(Alconbury) " In the absence of some special circumstances it seems to me that the court should follow any clear and constant jurisprudence' of the ECHR. Most judges operated as though they were bound to Convention jurisprudence. This was of great concern to Parliament and herein lays the problem that occurred in the judgment of cases.
             For example, in AF v Secretary of the State for the Home Department, the House had to determine how to respond to the Grand Chamber's recent judgment in A v UK, where it held that Article 6 imposed an absolute requirement that a terrorist suspect should be informed of the 'gist' or essence of the case against him.


Essays Related to The UK and the Human Rights Act

1. The Laws of Human Rights

The human rights of people in the UK are legally enforceable through the Human Rights Act 1998 (see below). The Human Rights Act 1998 (HRA) incorporates the rights found in the European Convention on Human Rights into UK law. ... The Human Rights Act gives every citizen a clear statement of rights and responsibilities. ... The UK Government introduced The Human Rights Act 1998 with two main aims: To bring the human rights contained in the European Convention on Human Rights under the jurisdiction of UK courts. ... The Human Rights Act 1998 therefore makes human rights more accessible &ndash...

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2. Constitutional Reforms and the UK Government

The introduction of the Human Rights Act, has also reduced the powers of government over civil liberties. The Human rights act 1998, codified the European convention on Human rights into UK law. ... The introduction of the Human Rights Act has led to greater conflicts between the Judiciary and government over security of state vs civil liberties. ... The government must consider the human rights before proposing bills reducing the power of UK governments. However, parliament remains sovereign and as the UK governing party dominates parliament, due to fusion of power, they are able to reverse t...

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3. Advantages of a Codified Constitution

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  • Word Count: 701
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4. The European Convention of Human Rights (ECHR)

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5. WRITE A BRIEF CRITIQUE OF THE RESPONSE OF UK GOVERNMENTS TO

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6. WRITE A BRIEF CRITIQUE OF THE

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Up until October 2000 when the Human Rights Act came into effect there existed no written principles, which constrained and/or structured the distribution of authority, rules and resources in the state. ... In theory the European Convention on Human Rights (ECHR) now plays that role but to what extent it will serve as an effective check and balance remains to be seen. ... (4) Constitutional Pressures An incredible fusion of constitutional pressures emerged throughout the 1980s and 1990s making a mockery of Britain's established constitutional doctrine...

  • Word Count: 1384
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