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The British Constitution vs The Human Rights Act 1998 - Case Study Example

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This paper "The British Constitution vs The Human Rights Act 1998" discusses the Human Rights Act which was introduced in 1998 and was in effect from October 2000 can be construed as equivalent to the Bill of Rights or fundamental rights granted to all U.K citizens. (Burton 18)…
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The British Constitution vs The Human Rights Act 1998
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Download file to see previous pages This research essay analyses the above statement and arrives at a conclusion.
Integration of the provisions of ECHR into U.K’s domestic law by way of HRA 1998 can be regarded as revolutionary as it facilitates the majority of the ECHR rights provisions directly applicable in the U.K. Before that integration, a U.K Court has to presume that when there is a clash between U.K’s domestic law and ECHR rights provision, the ECHR rights provision will always prevail. This principle has been laid down in R v Secretary of Home Dept ex parte Brind1 and R v Secretary of Home Dept ex parte Thakrar. 2
Courts have now the power to declare any statue which they find incompatible with ECHR provisions and order for fine-tuning of the same by amendment at the earliest. It is to be observed that a Minister is no way under an obligation to amend contrastive legislation but he has to respond positively as political pressure is likely to be exerted.
S.6 of HRA 1998 demands public authorities to function in such a style that is in harmony with the Convention rights. In R v. Secretary of Home Dept ex parte Daly,3 it was held that an infringement of convention rights can be opposed under the domestic judicial re-evaluation.

S.3 of HRA 1998 emphasizes a demand for both primary and secondary legislation to be in accordance and to be given effect in a style that is in harmony with the Convention. However, if it is impossible to read between the lines of U.K domestic law in accordance with the Convention, then UK law will succeed. Though, it is against the doctrine of ECHR ascendancy, as on date, only very little acts have been asserted as incongruity with the ECHR and many elder judges have held that all legislations enacted by Parliament should be able to be construed in such a manner as to accord effect to the Convention and hence, in real life, there will hardly ever an issue prevail on the subject. Hence, the British judiciary is now under obligation to construe it so that it does not contradict but in harmony with human rights.  ...Download file to see next pagesRead More
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Human Rights Act 1998

However, the Government also declared that there was no intention to provide a basis for striking down any portion of it. Nevertheless, the judiciary has been empowered to rescind secondary legislation that does not comply with the provisions of the European Convention on Human Rights.2 Exceptions to this principle arise when the parent statute does not permit such repealing. Legislation has to be interpreted, to the extent possible, in a manner that renders it compatible with the European Convention on Human Rights. This is the purport of Section 3 of the Human Rights Act 1998. However, Section 4 of this Act states that if the court concludes that such interpretation is not possible, then a formal declaration of incompatibility...
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