2. Legislation

2021 ◽  
pp. 19-48
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

2. Legislation

Legal Skills ◽  
2019 ◽  
pp. 14-42
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

1. Legislation

Legal Skills ◽  
2017 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation — that is, law that is made by other bodies under Parliament's authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

Terrorism and human rights: a case study in impending legal realities

Legal Studies ◽  
1999 ◽  
Vol 19 (3) ◽  
pp. 367-379 ◽  
Author(s):  
Conor Gearty
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Domestic Law ◽  
Consultation Paper

This article critically appraises the UK government's recently published Consultation Paper on the future of the anti-terrorism laws. The author considers the likely effect of the Human Rights Act 1998 on the impact of any legislation that might flow from the government's proposals. The interaction between human rights law and anti-terrorism legislation provides a useful case study of the likely effects of incorporating the European Convention on Human Rights into domestic law. The author argues that many of these effects have not been anticipated by the drafters of the anti-terrorism proposals, with the result that many of their suggested changes to the law will be vulnerable to legal challenge if not sharply modified before enactment. The author concludes by considering the likelihood that, over time, successive governments will learn to tailor their legislation to the requirements of the Convention, even in the anti-terrorism field, but that in the short-term a period of legislative instability is to be expected.

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

15. The European Convention on Human Rights and the Human Rights Act 1998

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Rights Protection ◽  
Positive Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

2. Human Rights

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Fair Trial ◽  
European Convention ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
Domestic Law

This chapter explores the impact of human rights upon property rights and relations, with particular emphasis on Article 1 Protocol 1 and Article 8 of the European Convention on Human Rights which has been incorporated into English domestic law by the Human Rights Act 1998. It first provides a background on the particular jurisprudence of human rights reasoning before discussing the import of Article 1 Protocol 1, in protecting possessions, and Article 8, in requiring respect for the home. The focus is on home repossession (Article 8), protection against discrimination (Article 14), and right to a fair trial (Article 6). It also considers adjudication under the Human Rights Act 1998, along with the justification formula developed by the Strasbourg Court and how it operates in the context of the particular human rights that relate to land. Finally, it examines the so-called vertical effect and horizontal effect.

19. Human Rights and The UK Constitution

Public Law ◽  
2020 ◽  
pp. 761-816
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

18. Human Rights and the UK Constitution

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law, the scope of the HRA, and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

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