The Human Rights Act And The United Kingdom Of Great Britain

Human Rights Act 1998 – is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in

Human rights act 1998 – specifies and enforces the rights of individuals and if these

Alternatively some argue that the executive has too much power which threatens individual rights. Therefore some suggest that a codified constitution would help to safeguard citizen’s rights because at the moment Britain has adopted the European Convention on Human Rights by passing the Human Rights Act 1998, which is considered weak as it could be overridden by Parliament due to Parliamentary sovereignty. Furthermore the European Convention on Human rights is part of UK law however its terms are not determined in the UK, whereas a codified constitution would include a statement of rights in the UK which would be controlled domestically.

Both statutory interpretation and the Human Rights Act are a doctrine of precedent by which law is changed and justice is served. The doctrine of precedent is an essential principle of English legal system, which is a form of reasoning, interpreting and decision making formed by case law. It suggests that precedents not only have persuasive authority but must also be shadowed when similar situations arise. Any rule or principle declared by a higher court must be followed in future cases. In short the courts and tribunals are bound within prearranged restrictions by prior decisions of other superior courts. All the judges are also obliged to follow the set-up precedents established by prior decisions which is called Stare decisis. Making decisions according to precedent helps achieve two objectives. Initially it aids to maintain a system of stable laws which gives predictability to the law and affords a degree of safety for individual rights. Moreover, it ensures that the law progresses only in accordance with the developing perceptions of the community. Therefore, it more accurately mirrors the morals and prospects of the community that we live in.

Human Rights Act 1998 – Gives further legal status to the standards on Human Rights that was set out in 1948 with the Universal Declaration of Human Rights. This highlighted the principle that all humans have the same rights and should be treated equally. This act also sets out the rights of all individuals and allows individuals to take action against authorities when their rights are affected.

Parliamentary sovereignty and the rule of law are both concepts that are key to shaping the British constitution, however there is ambiguity as to which concept is the heart of the UK’s constitutional arrangement in the recent years.

We can tell that the supremacy of EU law above the parliamentary sovereignty in the context with the UK’s statutory recognition of human rights renders parliament obsolete and relic. And the main motive of this essay is to tell that the EU laws supremacy have brought a rapid change as the whole. Some people would like to say that parliament can entangle some few adverse significant which can affect the sovereignty whereas then no one would bother to follow or talk about the irrelevant doctrine. PS is also called to be one of the fundamental head of democratic government where it must contain an elected assembly who will be held responsible for representing people and it is the responsibility of assembly to draft the laws that can be applied for whole population. An act of parliament has the legal power where the courts are unwilling to blame other things that falls shortage of some reason for the preeminent pose. The supreme legal authority also lies with the parliament where it can create or end up with any law. Legislative body is identified to have the absolute sovereignty in all the institutions of government and is also said to be the supreme head.

In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail.

The reform of the Human Rights Act can illustrate that the constitutional reform did not go far enough. In 1998, the Blair government announced that the citizens ' rights would be safeguarded and strengthened through incorporating the European Convention on Human Rights into UK law. However, this created a problem as the UK now has two sets of rights – those built up under Common Law and those in the Human Rights Act. These two sets of rights may conflict and, in addition, cases can be taken using these rights to both the UK Supreme Court and the European Court of Human Rights (which is the supreme court for the European Convention on Human Rights). The UK judiciary is divided on how to resolve this issue.

“Parliamentary sovereignty is no longer, if it ever was, absolute” (Lord Hope). Discuss with reference to at least three challenges to the doctrine of parliamentary sovereignty. Parliamentary sovereignty is the concept that Parliament has the power to repeal, amend or create any law it wishes and therefore no body in the UK can challenge its legal validity. There are many people who would argue that this is a key principle to the UK Constitution, on the other hand, there are those who strongly believe that this idea is one of the past, and that the idea of the UK Parliament being sovereign is false. One of these people is Lord Hope, who said “Parliamentary sovereignty is no longer, if it ever was, absolute”. During the last 50 years there have been a variety of developments that have proved to be a challenge for the legitimacy of parliamentary sovereignty, and the ones which will be examined in this essay are: the devolution of powers to the Scottish Parliament; The United Kingdom’s entry into the European Union in 1973; and finally the power of judicial review. Starting with the devolution of powers, these challenges will all be evaluated when discussing whether or not the doctrine of parliamentary sovereignty applies to the United Kingdom. Westminster’s sovereignty has been gradually diminishing over time as varying amounts of power have been devolved to Northern Ireland, Wales and Scotland. In this essay, the devolution of powers to the Scottish Parliament will be

The Human Rights Act of 1998, also abbreviated to HRA is a national law passed in the United Kingdom and mostly came into force on 2 October 2000. Its purpose is to incorporate the rights within the European Convention on Human Rights into UK national law. This law allows the citizens of the United Kingdom to defend their rights in UK courts and states that public organisations such as the Government, Police and other public authorities must respect the people’s rights by treating them fairly and equally with dignity. Firstly, this essay will be discussing what the Human Rights Act (1998) is and its effects. Secondly, this essay will be pointing out the Articles and explaining the Act. Thirdly, this essay will be talking about the history and why this act came into place. Finally, this essay will argue the necessity of the Human Rights Act (1998).

Although the restraints around contraception were loosening, the Irish State remained firm in their belief on abortions. A referendum on the 8th Amendment of the Constitution Act, 1983 was elected by Irish citizens. The article was amended to read: “The State acknowledges the right to life of the unborn and, with due regard to the equal right to live of the mother, guarantees in its laws to respect, and as far as practicable, by its laws to defend and vindicate that right.” While the United Kingdom passed the Abortion Act 1967 that allowed women to legally terminate a pregnancy under certain circumstances, Irishwomen remained under the jurisdiction of the Offences Against the Person Act 1861. The 8th Amendment, or Article 40.3.3,

In order to effectively critique the study. It is important that a knowledge of the background legislation is learnt. This will assist in gaining an understanding of the key issues and implications in regards to this study and the relevance to this particular case.

The most influential definition of the rule of law is that of the A.V. Dicey. In his work he defines the rule of law to be composed of three central elements. The first element states that “no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts”. This element is designed to deny to governments any rights to make secret or arbitrary laws, or retrospective penal laws, and to limit the discretionary powers of government” . In order to comply with the requirement, it is stated that the rule must be open, clear, accessible and certain. This is supported by Lord Bingham as he argued that the law must be accessible, clear and predictable as wide discretionary powers would lead to arbitrariness which is against the rule of law. This principle is further illustrated by

It is important to set the European Union Charter of Fundamental Rights in context by examining the development of rights within the European Union. The embryo organisation that commenced the EU (The Coal and Steel Community 1951) was introduced in the wake of World War II to rebuild Europe by economically tying previously warring nations together. The consensus amongst the "heavy weights" of the EU was, if member states were economically invested in each other to ensure financial stability within their own state, future conflicts would be avoided. The EU had taken the role of a purely economic organisation which explains why it was not focused on social issues such as human rights, leaving such matters to individual member states to determine. Then came the political advancement of the 1990s, as evidenced by Weiler; ‘[The Maastricht Treaty] appropriates the deepest symbols of statehood: European citizenship, defence and foreign policy’. Naturally, the issue of human rights became prominent within the EU, and after much debate and a Convention the Charter was passed and given legally binding status under the Lisbon Treaty of 2009. The Charter has proved to be a controversial issue within European politics, with doubts being voiced about the functionality of the European Union’s own “Bill of Rights”. To effectively assess the question at hand, this essay will evaluate the extent to which the Charter is a necessary and desirable development, before reaching an overall