The European Convention Of Human Rights Act

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The European Convention of Human Rights (ECHR), outlines the various rights of citizens in European nations, giving explicit power to the European courts (ECtHR), as well as domestic courts, with regard to the violation of these rights in the member states of the European Union. One thing to note is that the ECHR cannot be enacted without referring to the Human Rights Act (HRA) of 1998, which was inspired by the Universal Declaration of Human Rights (UDHR) at Geneva in 1948. The aim of this essay is to therefore to discuss how the powers are distributed particularly between the executive (ministers and cabinet) and the judiciary by the Human Rights Act, whether the element of separation of powers is hindered in this event, and to…show more content…
This thus highlights that the event of the HRA being introduced into the UK constitution as a constitutional convention is necessary in the protection of human rights of its citizens. It is good to take note of the fact that the HRA, a fall out of the Human Rights Convention of 1953, was majorly enacted in order to enhance human life, as well as respect the inherent freedom of man. The essence of this act, and if truly the derogation of power through this act to the different arms of government compromises separation of power as well as the independence of the judiciary would be discussed in the course of this essay. It should be noted most importantly also, that the introduction of the HRA via the ECHR incorporated parts of the EU law into the UK law, and O’Cinneide further suggests that the international relationship enjoyed by the UK with the Council of Europe and the ECHR is directly within the scope and nature of these reserved powers (outlined in the ECHR). Moreover, Section 6(3)(a) clearly states the courts and tribunals to be public authorities, going further to sub-paragraph (b), giving the function of a public authority also to ‘any person certain of whose functions are functions of public nature’ such as the executives. In addition to this also, the powers of
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