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Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty.
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Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty. How is it that the British courts feel bound to disapply acts of parliament inconsistent with EU law, but not those inconsistent with European Human Rights law. Introduction In order to approach this question I shall focus on three areas; the Human Rights Act 1998 in relation to parliamentary sovereignty, British courts and the European Convention of Human Rights and the EU as an influence on British courts. Although it could be argued that the Human Rights Act 1998 is now entrenched into our constitution and legal system, this is not so much the case. In reality, the Act is no different to any other statute law and may be overturned by Parliament at any time; such is the doctrine of parliamentary supremacy. This will continue to be the case, so long as...
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