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To what extent has the Human Rights Act 1998 strengthened the rule of law in the UK constitution
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| Submitted: Wed Nov 16 2005
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To what extent has the Human Rights Act 1998 strengthened the rule of law in the UK constitution? The Human Rights Act 1998 (HRA), an Act introduced to give effect to rights from the European Convention on Human Rights (ECHR) in domestic legislation. Its introduction has affected many legal areas; especially the conceptions of the rule of law and their place in the UK constitution. To understand the effect of the HRA, it is first necessary to establish the initial status of these two concepts. Having established this, the extent of the impact of the HRA can be examined. Rule of law and HRA The concept of the rule of law has traditionally attracted two different interpretations.1 In terms of the impact of the HRA, each interpretation, namely formal and substantive, invoke different outcomes concerning their consequent effect upon the UK constitution. The formal approach adopted most prominently by Dicey, holds the fundamental tenet,...
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