War Against Terror and Human Rights Essay

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War Against Terror and Human Rights

The Human Rights Act 1998 took full legal effect across the English and Welsh legal systems on October 2nd 1998. The Act, allows people to claim a number of the rights and freedoms that are set out in the European Convention on Human Rights. The Government had high hopes that when the act was passed it would create a 'Culture of Human Rights within the United Kingdom.'

The principal aim of the Human Rights Act 1998 was to give statutory and formal protection in UK law to a set of clearly distinguishable rights. It was also to allow people to claim their rights before their own courts without having to take long drawn out and costly cases to the European
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A victim includes anyone directly affected by the actions or non-actions of one of the above public authorities. Whilst this 'directly affected' principle is absolute, a victim can also include someone not necessarily directly affected by the actions of a public body, but indirectly affected. For instance, a person who is likely to be put under surveillance by the police will be able to call upon the Human Rights Act, even though they have not yet had their privacy interfered with.

Where it is established that a Convention Right has been violated, the victim may be able to gain an injunction to stop the violation, force the public authority to take action, take judicial review proceedings or obtain damages and compensation.

The Human Rights Act affects the different types of legislation in a number of ways. Primary legislation, which is Parliamentary Statute, the most sacred type of English law, has to be bought into accordance with the Convention Rights. If primary legislation does not comply with the Convention Rights then a Declaration of Incompatibility is issued. This can only be given by the higher courts and allows the offending legislation to be changed and put inline with the Convention Rights easily and quickly. If a statement is not issued, then the case proceeds to the European Court of Human Rights.

Common Law is