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As Barnett says; "Throughout history, (the judiciary) has defined the relationship between the institutions of the state… and defined the relationship between the state and the individual."[
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As Barnett says; "Throughout history, (the judiciary) has defined the relationship between the institutions of the state... and defined the relationship between the state and the individual."1 Therefore, the judiciary should and will affect all persons within the state and be an integral part of the ongoing evolution of English law. Clearly the main role of the judiciary under the 1998 Human Rights Act is to preserve a person's individual freedoms by providing a remedy should their rights be despoiled. Furthermore, it allows the rights contained in the European Convention on Human Rights (ECHR) to be implemented by the English Court system, bringing the government further into the European Communities and the judiciary more in line with European law. Before the Act, the courts would follow the ECHR in that where the common law was uncertain; judges were encouraged to exercise their discretion. Since the English law system is based on...
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