What effect has the Human Rights Act 1998 had on the law of England and Wales?
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What effect has the Human Rights Act 1998 had on the law of England and Wales? Discuss: Pre-existing protection for human rights/civil liberties Pre HRA effect of the ECHR Key effects of the HRA: - interpretative duty - declarations of incompatibility - remedial orders - prohibition of incompatible acts by a public authority - application in private disputes Critique: - preservation of parliamentary sovereignty - does not incorporate Article 13 Possible answer The HRA 1998 came into force on 2 October 2000 and made it possible to enforce the European Convention on Human Rights in British courts. In Wales the Government of Wales Act 1998 introduced Convention rights a little earlier, in July 1999, since the GOWA included a provision prohibiting the National Assembly for Wales from acting incompatibly with the ECHR. A similar provision was contained in the Scotland Act in relation to the Scottish Parliament and the Scottish Executive. Prior to the commencement of the HRA 1998, the UK was bound by...

