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    Assess The Influence of Human Rights Act

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    Assess The Influence of Human Rights Act

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    Assess the Influence of Human Rights Act

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    Assess the Influence of Human Rights Act 1998 in the UK

    Info: 3065 words (12 pages) Example Law Essay


    Published: 9th Feb 2021
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    Jurisdiction / Tag(s): UK Law
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    Assess the impact of the Human Rights Act 1998 on the protection of individual rights in the UK.
    Introduction
    The protection of freedom, autonomy and dignity of the individual is a key consideration of international
    community. Therefore, the proclamation of human rights is essential for the protection and promotion of
    human beings.1
    Human rights are those fundamental freedoms and entitlements that belong to all individuals regardless
    nationality, gender, religion or colour. These rights play a key role in maintaining a fair and civilised
    society, as nobody is born with more rights than anybody else.2
    In particular, the UK possesses a long tradition in the development of human rights since the Magna Carta
    was issued in 1215, which marked the beginning of the limitation of absolute and arbitrary power of the
    sovereign.3 This commendable task was further developed through the Bill of Rights (1689), the active
    involvement of the UK in preparing the European Convention on Human Rights (ECHR) and, more
    recently, the enactment of the Human Rights Act 1998 (HRA).4
    This brief will provide, in first place, an overview on the ECHR and its influence in order to discuss the
    consequences the HRA has had on human rights in the UK since its enactment. In doing this, relevant
    case law will be used to support the assessment.
    The protection of human rights through the HRA
    The European context: the ECHR
    Technically speaking, the ECHR is an international treaty listing a set of rights which must be respected
    and guaranteed by the different signatory states within their jurisdictions. 5 This treaty was born in the
    aftermath of the Second World War with the purpose of protecting individual human rights after the
    crimes committed during the war.6
    Thus, the ECHR allows the right for people to make a complaint outside their states and report that their
    national government has violated any of the rights or freedoms under its provisions.7
    The main feature of the ECHR is the introduction of a mechanism by which countries would be required
    to implement a judicial review of their legislation. However, the profound consequences the ECHR have
    on contracting parties’ domestic legal systems was indeed difficult to measure when the ECHR came into
    force. Particularly, the UK, with a very long tradition in the protection of human rights, was not aware of
    the many changes its legal system was going to go through in the coming years.8 This situation will be
    analysed in the next section.

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