Arguments Considering Whether the courts have Made any Efforts to enforce the Human Rights Act

Arguments Considering Whether the courts have Made any Efforts to enforce the Human Rights Act

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This piece of essay is primarily focused on arguments considering whether the courts ( here the UK courts) have made any efforts at all to enforce the Human Rights Act at the domestic level that is to “bring rights home”.
However, there have been diverse views on this issue drawn from academic writings and judicial decisions. These would be examined in the essay.
The Human Rights Act 1998 (HRA) was passed to protect and to promote the rights and freedoms of individuals. Does this mean that without the Human Rights Acts, individuals may not have any rights or rights protection at all?. Certainly not. Before the Human Rights Acts 1998 was passed, there were already rights which accrued to individuals. However, the difference is that there is now an extension of rights and these rights may be enforceable in Strasbourg .
Critically considering the aim of the Act, certain questions as to the protection and promotion of the rights of individuals at the domestic context by the courts may be in view. Thus, has the Human Rights Act achieved its aim?, has it been enforced by the courts, have private parties had to seek hearing in Strasbourg?. .
According to Section 6 of the HRA, public bodies are constrained from acting incompatibly with the rights. According to section 6(3)(b), Public bodies are further said to include persons who perform functions of a public nature. From the above, it maybe deduced that private bodies performing public functions are under a duty to act compatibility with the convention rights. The definition of ‘public authority’ may lead to violation of individual rights because it is narrow and thus private bodies who violat...


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... which are deliberately limited in its enforceability like certain civil and political rights. Thus the courts may be said to be restrained in enforceability of rights due to several factors.



Works Cited

Wadham, John in Mountfield, Helen and Edmundson, Anna (eds) BLACKSTONE’S GUIDE TO THE HUMAN RIGHTS ACT 1998, Oxford press,Costigan , “Determining ‘Functions of a Public Nature’ under the Human Rights Act 1998: A New Approach”(2006) 12(4) European Public Law 577
Quane, “ The Strasbourg Jurisprudence and the Meaning of a ‘public Authority’ under the Human Rights Act” (2006) PL 103
Wicks, “Taking Account of Strasbourg? The British Judiciary’s Approach to Interpreting Convention Rights” (2005) 11(3) European Public Law 405
Wright, “Interpreting section 2 of the Human Rights Act 1998: towards an indigenous Jurisprudence of human rights” (2009) PL 595

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