The Between The Uk Parliament And The Human Rights Act 1998 ( Hra ) On Sovereignty

1030 Words Dec 10th, 2014 5 Pages
Doctrinally, Parliamentary Sovereignty is, as Dicey coined “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 of our legal system and are making Human Rights decisions when they should be left for Parliament. This therefore demonstrates the HRA and subsequently the European Union permeate through all areas of UK law. Such issues will be examined further in this essay but in a short analysis it is clear that the impact of the HRA is highly significant on the doctrine of Parliamentary Sovereignty in the UK. How can Parliament be sovereign and yet subject to the laws of another body?

P1: As it states in Section 3 of the HRA, that “everyone … [has] to read and give effect to legislation, so far as possible, in a manner compatible with Convention rights.” This means that whatever the Parliament does, it has to comply with the ECHR and the HRA diminishes the responsibility the sovereignty of the Parliament by setting down a clear rule for Parliament. This is shown in the landmark case of R v Factortame where the overreaching power of the HRA and ECHR resulted in the…

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