The Human Rights Act 1998

2088 Words Jun 16th, 2018 9 Pages
The Human Rights Act 1998, under which rights are to be 'brought home' (1), incorporates the rights guaranteed by the European Convention of Human Rights 1950 into domestic law. It appears to raise issues in the UK concerning the separation of power, as it seems to provide the courts news powers that dispute Parliament sovereignty and the executive on a certain level. This essay is going to discuss the scope of the judiciary power through the content of HRA 98, then through the competing rights concerning privacy and press freedom and finally through the ones concerning fair trial and freedom of expression.

Section 3 of HRA 98 states that: 'So far as it is possible to do so, primary legislation and subordinate legislation must be
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It would affect the sovereignty of Parliament. (8) The process has already started with section 2 that required judges to take account of decisions of the EctHR. But on the other hand, it is not likely to happen as section 3 and 4 make it clear that only the executive and the legislature can change the law. There is not such a big conflict, the HRA 98 does not try to give a potential supremacy of the ECHR, but instead seek to update the domestic law with fundamental rights and make little changes. Section 6 gives the court a new ground of judicial review on public authorities that have to act in a manner compatible with Convention rights. Section 10 enables the government ministers to use a fast track procedure to adjust incompatible UK legislation with the Convention and to enact a secondary legislation. The worrying issue remains that there is a massive politicisation of the judges despite that they are unelected.

Prior the HRA 98, there was no right to privacy in English law unless there was a confidential relationship, (9) which was sometimes still valid even after a divorce.(10) It was impossible to keep information private unless there was a clear

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