Is There a Fundamental Tension at the Heart of the Human Rights Act?

2017 ◽  
Author(s):  
Tamas Gyorfi

2005 ◽  
Vol 1 (1) ◽  
pp. 107-112 ◽  
Author(s):  
Jack Boettcher


2008 ◽  
Vol 72 (2) ◽  
pp. 170-177 ◽  
Author(s):  
Chris Gale

Apart from an awareness of shameful treatment to some shell-shocked soldiers on active duty in the First World War, the subjects of military discipline in general and courts-martial in particular are unlikely to permeate the consciousness of the public at large or, indeed, the vast majority of criminal lawyers. This article explores some of the history of both, the current position in relation to courts-martial and the planned reforms under the Armed Forces Act 2006. That the Human Rights Act 1998 exposed some of the anomalities and worst practices of courts-martial is undeniable. It seems equally likely that the 1998 Act was at least a catalyst for the wholesale review and modernisation of military discipline carried out by the 2006 Act.



2003 ◽  
Vol 182 (5) ◽  
pp. 458-459
Author(s):  
C. Morgan


2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg

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.



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