Himan Rights Law - Coursework Example

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The paper operates mainly based on research questions which can be stated as follows: What is the Human Rights Act for? How does the Human Rights Act work? What happens when Convention rights have breached? Which are the Convention Rights?…
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Himan Rights Law
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Download file to see previous pages It is evident from the study that people in the United Kingdom have enjoyed a lot of individual freedoms and liberties which usually fall into conflict with so many other laws. Consequently, the European Convention on Human Rights (ECHR) was drafted in 1950,to integrate these liberties. However, it was not until the year 2000 that the convention rights were adopted in the United Kingdom through the Human Rights Act. In order to use the convention rights, one had to take a case to the European Courts on Human Rights in Strasbourg. This was extremely expensive to citizens and was also extremely time-consuming. The 1997 white paper “Rights Brought Home” rightly states that: It takes on average five years, to bring a case into the European Court of Human Rights once all domestic remedies have been exhausted; and it costs an average of £30,000. Bringing these rights home will mean that the British people will be able to fight for their rights in the British courts – without this undue delay and expense. One of the most critical functions is to ensure that, at all times, there is compatibility with the laws as stipulated by the Convention Rights. The Act gives individuals a complete description and summary of the freedoms and liberties that they are supposed to enjoy as citizens. It ensures that everyone’s rights are respected also, just as ECHR does. The Act also goes ahead do state that rights come with responsibility too. This means that there are cases and situations when these rights may need to be limited, such cases being when crime and public health need to be addressed. Apart from protecting the rights of individuals, the Human Rights Act also requires courts of law to obey the laws that Parliament passes. Courts are only allowed to interpret the laws as is, without altering them in any way whatsoever. Nevertheless, the Act allows higher courts the power to determine that a given order cannot be put into use for the sole reason that the law contravenes the rights described in the Convention. When this happens, congress is required to amend the various section of that law before it is set to use again6. Since the Human Rights Act was enacted, courts are now obliged to look at The Convention Rights at all times when deciding how cases should go. This is a tremendouslylarge shift from the way things used to be before. Convention rights were looked at only when the UK laws were not clear. Part 2: How does the HRA work? The Act requires all courts and tribunals to interpret laws and effectively put them into use in ways that are compatible to the Convention rights. Rightly so, when this is impossible, a court may revoke or, subordinate legislation or, if it is a higher court, make a declaration of incompatibility. This allows for the amendment of the law to make it in line with ...Download file to see next pagesRead More
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