The Human Rights Act of 1998 - Essay Example

Public Law Lord Hoffman’s ment “The word ‘deference’ is now very popular in describing relationships between judicial and other branches of government; I do not think that its overtones of servility or perhaps gracious concession, are appropriate to describe what is happening…”(Lord Hoffman vs. BBC) will be used in this discussion as a means of taking a look at case law with reference to the Human Rights Act of 1998. This discussion is meant to critically analyze the statement made by Lord Hoffman as well as the Human Rights Act of 1998. To begin, Lord Hoffman is legend for his wit and ability to persuade with words. He is also a controversial figure, often the subject of scrutiny when it comes to human rights issues. He is fervent on the pursuit of human rights as they apply to the laws under the European Convention of 1950. As a high court Judge, his statement regarding the correct terminology to indicate the relationship between the judicial branch of government and other branches of government are certainly subjective. This is so as he possibly views an aspect of government and legislature than many others do not have the opportunity to see first hand. Also, naturally he is in a position to defend his own actions as they pertain to the laws. We will take a closer look at some of the terms and conditions of the Human Rights Act of 1998. The Human Rights Act has been established in order to preserve and protect the basic and legal rights of citizens. This Act is an act of Parliament of the UK. It was officially active as of October 2, of 2000. It is essentially an expansion of the European Convention on Human Rights. It has been established to provide this expansion of the Convention within the UK. It is intended to protect the greater community from corruption or mistreatment by the public bodies that hold power within local and overall government. Furthermore, it is a sort of safety net for the UK higher courts so that problems that arise which are in fact a violation of human rights can be handled within UK courts as apposed to going straight to the European Court of Human Rights. This court is located in Strasbourg. The Human Rights Act is pertinent to all Public bodies, judicial or otherwise with in the United Kingdom. Parliament, when it is acting in legislative capacity, is the only condition to this otherwise all encompassing policy. This act has been placed in order to allow for the enforcement of one’s rights under the European Human Rights Convention. It allows for no public body to act in such a way that is against what the European Convention has prescribed. The only exception to this is if Parliament deems that that a conflict has arisen between the Convention and the Act of Parliament. In some cases, there can be a ruling that a conflict exists between the judicial ruling and the European Convention Act in which case, the case may be reexamined. If a conflict exists between the parliament legislation and the Convention, cases are sometimes thrown out of court all together. The Human Rights Act perceives all high courts as “public bodies” and so they should therefore in no way jeopardize the terms of the European Human Rights Convention. In Lord Hoffman’s statement, he is essentially noting that many individuals are implying that the judicial branch of government is not necessarily acting in a deferring manner despite the implications that it is. It is the judicial branch of the government that is composed of judges who are in fact lords. It has been these lords who historically are very select and hand picked. It is notable however, that the legislative Branch of government made up of Parliament, retains seniority. It is then the judicial branch who must then defer to the legislative branch. Lord Hoffman is most likely making the point that this deference is not as prominent as it is supposed to be perhaps. It would make sense to argue that when the judicial branch makes rulings, Parliament most likely supports those rulings unless the issue is pushed to the point of entering into the domain of the European Convention. When issues that are pertinent to human rights are brought before the judicial branch, and rulings can not possibly be determined, the Convention is the highest of arenas in which to find a ruling. The UK, unlike America, does not have a constitution but instead the Human Rights Act is the United Kingdom’s own version of a constitution of sorts. It outline’s what one can and should be able to expect as far as personal rights. Again, as before stated, the Human Rights Act of 1998 is a sub act of the European Convention Act. It is intended to suggest that the public bodies of the UK adhere to the rules of the convention. It is therefore in deference to the Convention Act as the judicial branch of the government is in deference of sorts to it. The Human Rights Act intends to seek the rights of the overall people as apposed to just one individual. It is often necessary to weigh an individual’s rights against the rights of another individual and ultimately seek the rights of the overall, or balance out the rights of two apposing parties. Ultimately, it is still the European Human Rights Convention that sets the rules that are followed and it is possible that Lord Hoffman disagrees with the term deference in describing a relationship between judicial branch of government and other branches of government because it is really a matter of all three branches deferring to the European Convention. An example of the judicial branch needing to defer to the Convention is that in any case of a possible human rights law violation, the judicial branch must weight the case against the laws set forth in the convention. This is truly ultimate deferment. In most cases of human rights violations, an individual may feel that their human rights were violated by a public official such as a police officer or the like. In these cases, the case may be overseen by a tribunal or high court depending on the circumstances. Other aspects of human rights may include the right to life, the right to liberty under certain conditions, the right to speech and the right to privacy. Other rights that are outlined may concern right to not be tortured or treated in an inhumane way. These rights may be interpreted in the cases of terrorists or convicted felons, such that it is a flagrant violation of the rights of an individual to be physically harmed by a law enforcement official regardless of whether or not that individual is a criminal of the worst possible caliber. Lord Hoffman in fact, is noted for his avid support of human rights to the point of being a non salaried official for amnesty international. His wife in fact, works for amnesty international as a secretary. Lord Hoffman is known to speak out frequently on behalf of human rights in general. Lord Hoffman underwent heavy criticism in the case of the house of Lords ruling against terrorist activity. Lord Hoffman is often labeled as very left wing and against his country, when really he seeks to preserve the integrity of not only the Convention but the Human Rights Act of 1998. He was notably asserting that at times, when the branches of governments should in fact be deferring to the laws of the Convention and Human Rights Act, they are not. Instead, individuals acting as public bodies are creating their own interpretations of the laws and therefore not observing human rights. Ultimately, Lord Hoffman is an advocate for human rights. He is taking a common euphemism used for a branch of government and challenged by declaring that deference is in fact not what is taking place. He argues that though it may be “gracious concession”, deference itself is in not “what is happening”. Works Cited: http://www.dca.gov.uk/peoples-rights/human-rights/pdf/act-studyguide.pdf http://news.bbc.co.uk/2/hi/uk_news/235456.stm http://www.solarnavigator.net/embassies/human_rights_act_1998.htm http://crookedtimber.org/2004/12/17/the-real-threat-the-the-life-of-the-nation/ http://jurist.law.pitt.edu/World/ukcor3.htm http://jurist.law.pitt.edu/World/ukcor3.htm#Roy Read More