Human Rights Act 1998 ( Hra )

1627 Words Jun 1st, 2016 7 Pages
Human Rights Act 1998(HRA) gives effect to the convention in the UK law, it does this to reschedule one of the Acts. The statute is considered a constitutional importance since it has a major effect on the way that the statute interacts with its citizens. One of the major concerns that was around when the HRA 1998 was first passed, was what effect it would have on Parliamentary Sovereignty, to an extent it is a debate that it still ongoing when you consider the things like the interaction with the UK legal system in Europe. However, the HRA 1998 itself has limited to no effect on Parliamentary Sovereignty. S6 requires all public authorities to be bound by the HRA 1998, however, on S6(3) Parliament is explicitly mentioned as not being a public authority and therefore it is not bound by it. S10 normally requires ministers to make a statement of compatibility whenever a new act is going through Parliament, however, there is no requirement to do this. S4 concerns Declaration of Incompatibility by the Courts so the Courts themselves decide whether this piece of legislation is not compatible with the HRA when this happens though the ministers are given an opportunity to correct the piece of legislation since if it does become compatible but again there is no requirement to do so, the Courts unlike in other countries cannot strike down a piece of legislation, they can suggest to Parliament that it is incompatible.

Section 2 requires the Courts to take in account decisions made by…
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