Human Rights Act
The Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to “give further effect” in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time.
In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. It also requires UK judges to take account of decisions of the Strasbourg. Court and to interpet legislatron,as far as possible, in a way which is compatible with the convention.However,if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is issue a dedaration of incompatibility. This declaration does not effect the validity of the Act of parliament, in the way, the Human Right Act seeks to maintain the principle of Parliamentary sovereignty.
The convention was drafted by the council of Europe after World War 2.Sir David Maxwell-Fyye was the chair of Council’s legal and administrative division from 1949 to 1952,and oversaw the drafting of the European Convention on Human Rights. It was designed to incorporate a traditional civil liberties approach to securing “effective political democracy”, from the strong traditions of freedom and liberty in the united kingdom. As a founding member of the council of Europe, the UK acceded to the European convention on human Rights in March 1951.However it was not until Harold Wilson’s government in the 1960 that British citizens where alde to bring claims in the
In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. It also requires UK judges to take account of decisions of the Strasbourg. Court and to interpet legislatron,as far as possible, in a way which is compatible with the convention.However,if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is issue a dedaration of incompatibility. This declaration does not effect the validity of the Act of parliament, in the way, the Human Right Act seeks to maintain the principle of Parliamentary sovereignty.
The convention was drafted by the council of Europe after World War 2.Sir David Maxwell-Fyye was the chair of Council’s legal and administrative division from 1949 to 1952,and oversaw the drafting of the European Convention on Human Rights. It was designed to incorporate a traditional civil liberties approach to securing “effective political democracy”, from the strong traditions of freedom and liberty in the united kingdom. As a founding member of the council of Europe, the UK acceded to the European convention on human Rights in March 1951.However it was not until Harold Wilson’s government in the 1960 that British citizens where alde to bring claims in the