War Against Terror and Human Rights Essay

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 - The Human Rights Act means that residents of the United Kingdom will now be able to seek help from the courts if they believe that their human rights have been infringed.

The Human Rights Act 1998 creates a solution for the breach of a Convention right in courts across the United Kingdom. It was granted Royal Assent which came into play on 2 October 200, where its objective was through incorporate towards the United Kingdom law and the rights contained in the European Convention on Human Rights. The United Kingdom’s Prime Minister David Cameron stated “So at long last, with a Conservative government after the next election, this country will have a new British Bill of Rights to be passed in our Parliament, rooted in our values.” Also in his speech the Prime Minister slated the European Court of Human Rights by saying “Rulings to stop us deporting suspected terrorists. The suggestion that you've got to apply

The Human Rights Act 1998 was fully enforced in 2000 and describes further effect to freedoms and rights that are entitled under the ECHR (the European Convention on Human Rights) (Ward, Wragg & Walker 2011, p. 146). The constitutional framework of the United Kingdom implies that the Human Rights Act 1998 is not ‘embedded’ in the same way as the human rights papers that are adopted by many nations in the world. Nonetheless, it is argued that any attempt to amend or repeal the provisions of the Human Right Act 1998’s would necessitate the clearest probable words. It is significant to note that the scheme of the Human Rights Act is complicated, as it requires public authorities to undertake their functions in compatible with the ECHR, and it provides the Convention and related jurisprudence with an important influence over the domestic law interpretation (Ward, Wragg & Walker 2011, p. 147). Conversely, it impedes the courts from invalidating incompatible Parliament’s Act and in this respect; it does not provide the Convention with a primacy over domestic law. This paper seeks to evaluate the degree to which the Human Rights Act 1998 has fully incorporated the ECHR into the United Kingdom’s legal system.

The Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to “give further effect” in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time.

Human Rights Act 1998(HRA) gives effect to the convention in the UK law, it does this to reschedule one of the Acts. The statute is considered a constitutional importance since it has a major effect on the way that the statute interacts with its citizens. One of the major concerns that was around when the HRA 1998 was first passed, was what effect it would have on Parliamentary Sovereignty, to an extent it is a debate that it still ongoing when you consider the things like the interaction with the UK legal system in Europe. However, the HRA 1998 itself has limited to no effect on Parliamentary Sovereignty. S6 requires all public authorities to be bound by the HRA 1998, however, on S6(3) Parliament is explicitly mentioned as not being a public authority and therefore it is not bound by it. S10 normally requires ministers to make a statement of compatibility whenever a new act is going through Parliament, however, there is no requirement to do this. S4 concerns Declaration of Incompatibility by the Courts so the Courts themselves decide whether this piece of legislation is not compatible with the HRA when this happens though the ministers are given an opportunity to correct the piece of legislation since if it does become compatible but again there is no requirement to do so, the Courts unlike in other countries cannot strike down a piece of legislation, they can suggest to Parliament that it is incompatible.

The Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to “give further effect” in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time.

In the UK, legislation has been continually evolving to keep up with the pace of terrorism (Justice, 2017). In the UK, there are main pieces of legislation to combat terrorism (Justice, 2017). This includes the Terrorism Act 2000, the Anti-terrorism and Security Act 2001, the Prevention of Terrorism Act 2006 and lastly, the Terrorism Act 2006 (Justice, 2017). The Terrorism Act 2000 provides the legal basis under which prosecution for terrorism can occur (Home Office, 2015; Justice, 2017). This act denotes the most powers of arrest and prosecution than any

The global threat of Al Qaeda and ISIL, increase Sunni-Shia conflicts and voice in Middle East, Africa. Europe and around the world and has posed challenge to government in the region and the global. Some scholars argue that the clash of civilization or culture war between the Muslims and the West relations. The public discussion of Islam and violence have raised question about the relationship of Islamism in regards to violence and terrorism. Many critics’ believes that doctrines like Jihad and past historical event in the past has been a strong indicator and evidence that Islam is the main driving force Muslims extremism and terrorism in contemporary world. Islamic radicalization and terrorists have taken advantage of the doctrine Jihad like Christian and Jewish did in the past to carry out the acts of terrorism in unholy wars in the name of Christianity or Judaism. The meaning of Jihad in the Quran is '' to fight following the will of God, fight injustice and oppression, reform and create a just society, and if necessary to engage oneself in armed struggle to defend one's community and religion. The Quran also stresses on fighting against aggression and offensive or expansionist and a command to fight against all unbelievers and spread the message and public order. Critics argue the meaning and intention of Q. 9:5 is the motivation behind Muslims extremist and terrorist groups in past and present history. Islamic groups such as ISIS and Al Qaeda as well as Boka Haram

Under the Human Rights Act 1998, English courts must now have regard to decisions of the European Court of Human Rights.  In Re Medicaments, the Court of Appeal refused to follow a decision of the House of Lords in R

The Human Rights Act was drawn up by the UK government and implemented in 1998. It draws on the European Convention of Human Rights but allows for issues to be addressed within the UK courts of Law rather than needing a European Court. “The Act provides that it is unlawful for a public authority to act in such a way as to contravene Convention rights. For these purposes public authority includes any other person "whose functions are functions of a public nature."” The Human Rights Act uses a set of articles to detail the rights of everyone within the UK. Examples of these articles include: the right to life; prohibition of torture; prohibition of slavery and forced labour; right to liberty and security; right to respect for family and private life; freedom of thought conscience and religion; freedom of expression; prohibition of discrimination; protection of property; and

This essay will explore assumption that we can fight terrorism without infringing upon human rights.

The Human Rights Act 1998 (HRA) was passed in 1998 and brought into action in 2000 so that each citizen has a pure testimony of rights for their safety. The HRA was accepted in british law in order to give a much better effect to the European Convention of Human Rights (ECHR) and this is represented in S.1 of the HRA. Two effects of the HRA is the time given and the cost, as the citizen would had to take the case to the Strasbourg court in France. The ECHR was created because of the causes which occurred in the world war II, for example, the brutal toleranced violence and the gas chambers which was used to kill innocent citizens which to be specific is called as the Holocaust, so to prevent the abuse which the citizens received does not happen again, therefore the ECHR was brought into place. The ECHR was passed in November 1950 and brought into action on September 1953. There are 3 rights under the HRA. The first is the absolute right. This is a right that cannot be broken under any conditions and can not be taken away. Article 4 Prohibition of Slavery and Forced Labour is a good example. The second right is the limited right. This is a right that is like the absolute right and the right may be limited for extent conditions. Article 5 Right to

Terrorism is a form of violence that is difficult to define. The State Department defines terrorism as "premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents, usually intended to influence an audience." Terrorism is not a random, undirected, purposeless act of violence, it has definite goals and violence is the medium of attaining those goals. The most well-known, recent instance of terrorism were the attacks made on the World Trade Center on September 11th , but terrorism goes back to first-century Palestine, where Jewish Zealots would publicly slit the throats of Romans and their collaborators. Because the causes of terrorism are so deep-rooted and

JUNE 1914: a young man in Sarajevo steps up to a carriage and fires his pistol.