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The Human Rights Act 1998 (HRA) incorporates the rights enshrined in the European Convention of Human Rights (ECHR) into domestic law and represents a fundamental change in the protection of rights.
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The Human Rights Act 1998 (HRA) incorporates the rights enshrined in the European Convention of Human Rights (ECHR) into domestic law and represents a fundamental change in the protection of rights. Traditionally, UK citizens were free to do anything unless prevented by statute or common law and if required, citizens would have to rely upon ad hoc statutory provisions, e.g. Habeas Corpus Acts, Race and Sex Discrimination Acts1, or judicial protection under the Common Law, which could elicit unexpected and widely differing outcomes, when used in response to executive action.2 3 Thus a formalised declaration of rights which would enable an individual to challenge the actions of the state more readily would be obviously welcomed, as Jack Straw4 maintained that, "it will strengthen representative and democratic government." Unwelcome, however, would be any influence which could undermine the UK constitution, and concerns regarding the diminution of Parliamentary sovereignty and increased judicial...
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