The Human Rights Act

2449 Words5 Pages

The Human Rights Act ‘The Human Rights Act in its present form, besides failing to properly incorporate the European Convention on Human Rights, gives the United Kingdom a defective law which puts it at the bottom of any international league table of bills of rights. The Act talks of rights, but keeps them at arms length and has as a consequence been hesitantly applied by the courts.’ Discuss. Since 1966, Strasbourg was the final resort for British citizens to claim their rights. It was frequently criticised for its “long and expensive process […] [which sometimes appeared] to be "Europe" imposing its will on the UK.”[1] As a way for the English government to ensure that it attempted to certify UK nationals of their fundamental rights, the Human Rights Act was put into force on the 2nd of October of 2000. However, the question is: How effective is the Human Rights Act of 1998[2] in delivering rights to British civilians? In its regard, the role of parliamentary supremacy and the courts in relation to the deficiencies of the Act in question, mainly sections 3, 4, 6 and 8 will be discussed in the following essay. Parliamentary sovereignty is the most crucial concern in the protection of human rights in UK. According to AV Dicey, the doctrine of parliamentary supremacy ruled the limits of its power by stating that it obtains “the right to make or unmake any law; and, […] that no other person or body is recognized by the law of England as having the right to override or set aside [its] legislation”. However, at this time, citizens had what its called ‘l... ... middle of paper ... ...t at work: possibilities and problems. Article: “The Human Rights Act: uncertainly and unpredictability” p 220 Institute of Employment Rights London 2000 [23] “Human Rights Act: A success Story?” Chapter: Resources, Rights and Environmental Regulation by Robert G. Lee p 116 [24] “Human Rights Act at work” –Chapter 8: Human Rights Act at work: possibilities and problems. Article: “The Human Rights Act: uncertainly and unpredictability” p 218 Institute of Employment Rights London 2000 [25] R. (Daly) v Secretariat of State for the Home Department [2001] 2 AC 532 [26] David Lock in “Speech on Human Rights Act”, 5th October 2000, http://www.dca.gov.uk/speeches/2000/dlcol051000.htm [27] Lord Irvine in “The Human Rights Act - So Far So Good”, 14 February 2001, http://www.dca.gov.uk/speeches/2001/lc140201.htm

    More about The Human Rights Act

      Open Document