The Human Rights Act

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...

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...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