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Explain How the Human Rights Act Incorporates the European Convention on Human Rights into English Law

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Introduction

Explain How the Human Rights Act Incorporates the European Convention on Human Rights into English Law First to explain how the European Convention on Human Rights is incorporated into English law we must understand what the European Convention on Human Rights actually is. When the European Convention on Human Rights was drafted the United Kingdom played a major role in the drafting of it and was the first country to ratify it. The European Convention on Human Rights is a treaty that countries signed which contains articles on basic human rights. Before these rights were incorporated into English Law the rights in the treaty had very little effect domestically in the United Kingdom. One effect it had was that if a defendant had exhausted all the available options domestically an appeal could go to the European Court on Human Rights in Strasbourg. This was of little use as it would not only take a long time for the case to get there, but if the United Kingdom was found to be violating the defendants Human Rights the court could only offer compensation of �10,000. ...read more.

Middle

This does not go as far as entrenching our Rights but it does set them out in an act which means they are actually part of our law. Entrenching our rights is like for example the American Constitution where their rights are entrenched as it takes, for it to be changed, more than 3/4 of the states to agree to it. This means it is so hard to change that the rights are as such entrenched. No Law made in American can violate the constitution. Our rights are not entrenched because all it would take is for an Act of Parliament to wipe out the Human Rights Act and also Acts of Parliament can violate the Human Rights Act because under section 19 all a Bill needs is a statement of incompatibility in the bills 2nd reading for it to pass to become an Act (For Example the Anti Terrorism, Crime and Security Bill was in violation of Human Rights and all Parliament needed to continue with the Bill was a statement of incompatibility for it to continue, although it was rejected by the House of Lords, possibly due to the fact that it violated Human Rights). ...read more.

Conclusion

Although if this is not possible the domestic legislation will be used rather than the European Convention on Human Rights. This is different before as before the Human Rights Act the European Convention on Human Rights could only be used if the wording of the act was ambiguous. s.4 - Courts can issue a declaration of incompatibility if a piece of domestic legislation is incompatible with the European Convention on Human Rights. s.6 - Makes it unlawful for a public body to act in a way that is not compatible with the European Convention on Human Rights, unless allowed to do so by primary legislation. s.7 - Allows a defendant to use their rights in domestic courts if the European Convention on Human Rights has been breached. This is so cases don't need to be brought to Strasbourg although it is still possible to do that if domestic options have been exhausted. s.19 - This is the statement of incompatibility whereby Parliament can still pass an Act as long as a statement is made in the 2nd reading that the Bill is incompatible with the European Convention on Human Rights. These are how the Human Rights act incorporates the European Convention on Human Rights into our Law. ...read more.

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