Figure 5.7: the institutions of the Council of Europe 5.4.3 Relationship of the Convention with English law The UK has had many cases brought against it by individuals, and its track record in relation to human rights has been demonstrated to be worrying. Between 1975 and 1990, 30 cases were brought against the UK and in 21 of these cases the ECtHR found that the government had violated the ECHR. By 1997, the number of successful applications against the UK had risen to 50. In 1997, when the Labour government came into power one of its election promises was to incorporate these Convention rights into English law. 5.4.3.1 1951–98 As an international treaty the Convention had no force within the English legal system, and Convention rights were not enforceable in English courts. However, the UK government could be taken to the ECtHR by individuals and, as noted above, it was. But, having said that, although the Convention had no force in the English legal system, it was not ignored over the course of almost 50 years between 1951 and 1998. English courts were indeed influenced by the Convention in a range of ways. Judges in the House of Lords stated that they would presume that Parliament

2012 ◽  
pp. 136-136
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Council Of Europe ◽  
International Treaty ◽  
Track Record ◽  
House Of Lords ◽  
English Law ◽  
The Government ◽  
The Uk ◽  
Relationship Of

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

2001 ◽  
Vol 1 (1) ◽  
pp. 3-9 ◽  
Author(s):  
Keir Starmer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Council Of Europe ◽  
International Human Rights ◽  
International Treaty ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

The European Conversion for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) is an international treaty of the Council of Europe. It was adopted in 1950, ratified by the UK in 1951 and entered into force in 1953. The unsual feature of the Convention, as an international human rights instrument, is that it provides a mechanism for individuals to enforce their Convention rights against state parties.

Parliamentary Report

2016 ◽  
Vol 18 (3) ◽  
pp. 343-348
Author(s):  
Frank Cranmer
Keyword(s):  
Human Rights ◽  
Constitutional Change ◽  
Bill Of Rights ◽  
House Of Lords ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
The Government ◽  
The Uk ◽  
Careful Thought ◽  
The Eu

On 9 May, the EU Justice Sub-Committee of the House of Lords, chaired by Baroness Helena Kennedy QC, published a report on the Government's proposals to repeal the Human Rights Act and replace it with a new Bill of Rights – and suggested that there was a forceful case for a Government rethink: The proposals the Secretary of State outlined did not appear to depart significantly from the Human Rights Act – we note in particular that all the rights contained within the ECHR are likely to be affirmed in any British Bill of Rights. His evidence left us unsure why a British Bill of Rights was really necessary. If a Bill of Rights is not intended to change significantly the protection of human rights in the UK, we recommend the Government give careful thought before proceeding with this policy … the repeal of the Human Rights Act and its replacement by a Bill of Rights would be a constitutional change of the greatest significance.

The overall aim of this chapter is to provide a commentary concerning the relationships and differences between the areas of the ECHR, EU, EC and EC law to assist in the management of the study of these complex areas in relation to English law and in their own right. The detailed study of these areas, for law students, will occur in your English legal system, public law and European law courses. 5.2 LEARNING OUTCOMES By the end of this chapter and the associated reading, readers should: • be able to understand the general consequences and standard format of a Treaty and how it is internally organised and subsequently amended; • be able to explain the context within which European human rights operate and how it affects the English legal system; • be able to place the English HRA 1998 in its appropriate context and explain how it relates to the ECHR; • be able to describe the various types of secondary legislation produced by the EC; • be able to distinguish between primary and secondary EC law; • be able to discuss the similarities and differences between the EC and the EU; • understand the difference between the European Court of Human Rights (ECtHR) and the ECJ; • understand the role of the ECJ; • understand the relationship between the English legal system, the EC and the EU; • appreciate the difference in style and rationale between European legal judgments and legislation and English legal judgments and legislation. 5.3 READING AND UNDERSTANDING TREATIES Many of the difficulties encountered by students of English law approaching its European dimension are the vast number of unfamiliar terms. Often students do not appreciate the international nature of treaties and their normal effect. Therefore when discussing the peculiarities of the English approach to international treaties made by the UK Government confusions creep in. This section of the chapter is therefore designed to give a brief introduction to the general purpose and format of treaties.

2012 ◽  
pp. 128-128
Keyword(s):  
Human Rights ◽  
Legal System ◽  
General Purpose ◽  
International Treaties ◽  
English Law ◽  
The Difference ◽  
The Uk ◽  
Legal Judgments ◽  
Ec Law ◽  
The Eu

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

3.8 The standard layout of a treaty A treaty, like English legislation, has a standard format. At the beginning of the treaty is a preamble setting out the main goals of the treaty and the aspirations of the parties. It is divided into clusters of items dealing with similar matters. Each cluster is called a title (which roughly equates with the division of an English statute into parts). Titles contain numbered items called Articles, each one setting out a basic rule or principle. Articles can be divided into paragraphs and subparagraphs. The numbering system is Arabic and it not as dense and complex as that used by English statutes. Figure 5.3: standard layout of a treaty 5.3.9 How do obligations entered into through treaties become part of English law? If the UK government wishes all, or part of a treaty, to become part of English law it must specifically incorporate the treaty, or part of it, into the English legal system via legislation. This legislation goes through the same procedures as any other piece of legislation. If the government expects the treaty to give rise to a range of other measures over time it will usually place sections in this legislation delegating the authority to make later legal changes to others (such as the minister of appropriate government departments). This saves time as there is no need for the full legislative process in Parliament. Whilst it is still the subject of parliamentary debate, it does have a fast track procedure. In relation to treaties becoming part of English law in this way, there is always the possibility that Parliament may refuse to enact the legislation, which would leave the government in an extremely difficult situation. However, the UK Parliament is usually controlled by the political party forming the government and the government would not risk the embarrassment of failure but would guage its position in Parliament prior to signature of a relevant treaty.

2012 ◽  
pp. 132-133
Keyword(s):  
Basic Rule ◽  
The Political ◽  
Legislative Process ◽  
Difficult Situation ◽  
Standard Format ◽  
Parliamentary Debate ◽  
The Subject ◽  
English Law ◽  
The Government ◽  
The Uk

2. The English Legal system, Constitution, and Human Rights

Business Law ◽  
2020 ◽  
pp. 15-42
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Justice System ◽  
Administration Of Justice ◽  
The Law ◽  
The Uk

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.

2. Law, the Constitution, EU Membership, and Human Rights

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Justice System ◽  
Eu Membership ◽  
Administration Of Justice ◽  
The Law ◽  
The Uk

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

18. Human Rights II: Emergent Principles

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Freedom Of Expression ◽  
Political Order ◽  
European Convention ◽  
World War ◽  
International Treaty ◽  
European Court ◽  
English Law

This chapter presents an overview of the European Convention on Human Rights, an International treaty originating in the reconstruction of Europe’s political order following World War II. The chapter is organised as follows. Section I discusses the main procedural and substantive features of the Convention itself, whilst Section II assesses its status and use in English law up until (approximately) the early-1990s. Sections III and IV examine the leading judgments of the European Court on Human Rights in the areas of privacy and freedom of expression.

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