17. The Human Rights Act 1998

2021 ◽  
pp. 409-433
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter addresses the Human Rights Act 1998. The Human Rights Act provides two ways for the courts to ensure compliance with Convention rights: where legislation is not human rights-compliant; and where a public authority has acted incompatibly with an individual’s rights. By providing a new benchmark for measuring UK legislation for compatibility with Convention rights, the Act gives judges a powerful interpreting role which effectively allows them to review Acts of Parliament. At the same time, the Act was carefully drafted to respect and preserve parliamentary sovereignty and does not give the UK courts power to invalidate, overrule, or strike down an Act of Parliament that is incompatible with a Convention right; and while the Human Rights Act has special status as a constitutional statute, it is not entrenched and cannot override other statutes.

17. The Human Rights Act 1998

2019 ◽  
pp. 387-412
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter addresses the Human Rights Act 1998. The Human Rights Act provides two ways for the courts to ensure compliance with Convention rights: where legislation is not human rights-compliant; and where a public authority has acted incompatibly with an individual's rights. By providing a new benchmark for measuring UK legislation for compatibility with Convention rights, the Act gives judges a powerful interpreting role which effectively allows them to review Acts of Parliament. At the same time, the Act was carefully drafted to respect and preserve parliamentary sovereignty and does not give the UK courts power to invalidate, overrule, or strike down an Act of Parliament that is incompatible with a Convention right; and while the Human Rights Act has special status as a constitutional statute, it is not entrenched and cannot override other statutes.

7. Human rights and fundamental freedoms

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
European Convention ◽  
International Treaty ◽  
Parliamentary Sovereignty ◽  
European Court ◽  
Fundamental Freedoms ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter considers the European Convention on Human Rights (ECHR) and its relationship to the English legal system. As an international treaty the ECHR is not part of UK law unless it is incorporated into the law. By the Human Rights Act 1998 Convention Rights are incorporated into UK law. By the Human Rights Act 1998 the courts are able to interpret legislation under s.3 to achieve compatibility with the ECHR but are not empowered to strike down legislation incompatible with the Convention. This preserves parliamentary sovereignty. The courts may give a declaration of incompatibility. The UK courts are not bound by decisions of the European Court of Human Rights but must take such decisions into account. It is unlawful for a public authority to act incompatibly with Convention Rights.

Human Rights Act 1998

2019 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Dan Squires QC
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
European Convention ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right

The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human Rights (‘the Convention’). The HRA accords to the victims of a breach of the Convention the right to pursue a claim against the offending public authority in the UK courts, when previously they were required to apply to the European Court of Human Rights in Strasbourg to vindicate their Convention rights.

8. The sovereignty of Parliament

2019 ◽  
pp. 111-126
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the purposive approach to statutory interpretation; the implications of EU law for parliamentary sovereignty and the end of the supremacy of EU law when the UK exits the European Union.

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.

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Public Law ◽  
European Convention ◽  
Secretary Of State ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Home Department ◽  
The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

6. Parliamentary sovereignty

2021 ◽  
pp. 81-93
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Legislative Process ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.

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