Critically appraise the Court's jurisprudence on the Human Rights Act 1998. Does it reflect the balance between individual rights and parliamentary sovereignty?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Critically appraise the Court's jurisprudence on the Human Rights Act 1998. Does it reflect the balance between individual rights and parliamentary sovereignty? The Labour government introduced the Human Rights Act 1998 in order to enact or 'give effect to' the European Convention on Human Rights ('The Convention') into domestic British courts. This had the effect of British legislation having to be interpreted in a manner that was consistent with the rights granted under 'the convention.' And equally all public authorities had to act in conduct compatible with Convention rights. Before analyzing the court's jurisprudence of the Act it is important to appreciate the circumstances and historical context in which this Act was introduced. Prior to the Act there had been a great sense that something had gone wrong. This notion came from two competing tensions and pressures; i.e. 1- the sense that human rights had not been protected under the British law...


