Human Rights Act 1998 ( Hra ) - 3755 Words

Section C: 8 Before the Human Rights Act 1998 (HRA) coming into force, the UK subscribed to a ‘weak’ judicial review. However, the Act has brought a drastic change into the practice of judicial review in the UK. In this essay, I shall argue that with the new powers conferred to the courts under sections 3 and 4 (ss 3 and 4) of the HRA, they have developed a mechanism which allows the court to communicate with Parliament through their interpretations although the practice of judicial review remains relatively ‘weak’. I shall also argue that the courts should continue the adoption of the new approach to judicial review in the UK to counterbalance and limit the possibility of State violations of fundamental human rights of individuals whilst still keeping the principle of parliamentary sovereignty intact. A weak judicial review is a creation of statute (i.e. the HRA) that reviews the legitimacy of executive powers to ensure the Government acts within the scope of power Parliament has conferred to them. Compared to a ‘strong’ judicial review, the UK courts have neither the power to strike down a primary legislation nor can they review legislation decisions. A weakness of ‘strong’ judicial review is that it would undermine the principles of separation of powers and parliamentary sovereignty that underpin the UK Constitution as it would allow the courts to put legal constraints on Parliament. Therefore, the judiciary should respect the Parliament’s decisions and remain theShow MoreRelatedThe Between The Uk Parliament And The Human Rights Act 1998 ( Hra ) On Sovereignty1030 Words   |  5 PagesParliamentary Sovereignty is, as Dicey coined â€Å"the right to make or unmake any law whatever†¦ [with] no person or body†¦ having a right to override or set aside the legislation of Parliament.† Immediately, we see a contradiction between the UK Parliament and the Human Rights Act 1998 (HRA) on sovereignty. The issues David Cameron puts forward in his speech have all attracted much attention from a Human Rights perspective. More and more the European Courts of Human Rights (ECHR) are becoming an integral part ofRead MoreHuman Rights Act 1998 ( Hra )1627 Words   |  7 PagesHuman Rights Act 1998(HRA) gives effect to the convention in the UK law, it does this to reschedule one of the Acts. The statute is considered a constitutional importance since it has a major effect on the way that the statute interacts with its citizens. One of the major concerns that was around when the HRA 1998 was first passed, was what effect it would have on Parliamentary Sovereignty, to an extent it is a debate that it still ongoing when you consider the things like the interaction with theRead MoreThe Doctrine Of Precedent And The Human Right s Act 1998 ( Hra ) And Alternative Dispute Resolution2278 Words   |  10 Pagesindispensable foundation to the common law’ and English legal system (ELS). This paper will examine the importance of the role of precedent in English law and how that role has changed as a consequence of statutory interpretation, the Human Rights Act 1998 (HRA) and alternative dispute resolution (A.D.R) in civil disputes. The principle of precedent has long been established as a cornerstone of our common law jurisdiction. 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The Act talks of rights, but keeps them at arms length and has as a consequence been hesitantly applied by the courts.’ DiscussRead MoreHow Creative Judicial Interpretation Has Changed Over The Last 50 Years Essay2011 Words   |  9 Pagescase law and legislation such as The Human Rights Act (HRA), a wider judicial interpretation has become more accepted as the UK constitution is taking a more contemporary shape in parallel to our changing environment. The Contemporary UK constitution is now less rigid than that traditionally known, it is beginning to move away from the belief that Parliamentary Sovereignty is the cornerstone of our constitution and becoming more accepting of change. The HRA 1998 has been heavily involved in the gradual