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The Human Rights Act 1998 and Immigration Control - Term Paper Example

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"The Human Rights Act 1998 and Immigration Control" attempts to answer is the impact of the Human Rights Act 1998 to immigration control. Immigration control is essentially the power of a state to determine who can enter its borders, specifically foreign nationals. …
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The Human Rights Act 1998 and Immigration Control
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Download file to see previous pages As stated by O’Donnell (2004): “a truly democratic rule of law ensures political rights, civil liberties, and mechanisms of accountability which in turn affirms the political equality of all citizens and constrain political abuses of state power.” (p.32)

Various laws and policies have been designed to restrict entry for a variety of reasons. The reasons may be economic, as when foreign immigrants could take jobs that should have gone to citizens of the country. It can also be for reasons of security, quite relevant in this present time, considering the surfeit of terrorist bombings brought about by religious fundamentalism.

The primary Human Rights document in the United Kingdom is the Human Rights Act 1998. The Human Rights Act 1998 received royal assent on November 9, 1998, and came into force on October 2, 2000. The objective of said Act was to harmonize the domestic law of the United Kingdom with the European Convention on Human Rights and to provide for stricter human rights guarantees to be followed by all states.

To reaffirm the commitment of the UK to human rights and civil liberties, it is now possible under the said Act to file a claim for violation of the ECHR without going to the European Court of Human Rights in Strasbourg. Says Weinstein (2000):

This ability to transcend national law, and to compel revision of such law to comport with rights guaranteed by the European Convention in a broad range of areas, most often within the exclusive purview of national and local courts, is of historic note. Generally, nation-states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision.  ...Download file to see next pagesRead More
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