In 1998 the Human Rights Act was passed. This act came into force in October 2000. It does not bring all the rights or protocols of the Convention into the British law. The areas that are left out can be added on later if necessary. The Human Rights Act protects the human rights quite effectively. This is because if any acts of the Parliament conflict with the Human Rights Act that is they violate any of the rights of an individual, the courts can make a ‘declaration of incompatibility’. In this case the government and the Parliament have to reconsider whether the law needs changing. However, in the meantime the courts have to enforce the law as it stands, as the courts do not have the power to set aside or make changes to the legislation. Also, it is not binding on the Parliament.
Another way of protecting rights is through the judicial review. The judicial review concerns cases of ultra vires where an individual feels that a government minister have acted beyond the powers given to them by law. For example, in the 1990s the Home Secretary lost a series of cases when he attempted to extend his powers with relation to the treatment of prisoners. In some other cases a citizen might feel that they have been unfairly treated by a public body such as the NHS. In such cases the other cases of a similar nature are taken into account and all relative factors are considered. Cases of judicial review are not very common and are not usually successful. This is mainly due to the fact that there is a fusion of powers in the British political system. The Lord Chancellor who elects the judges is a member of the Prime Ministers cabinet and hence the judges might not be able to make a fair decision due to pressure from the government bodies. Also the judges cannot enforce their decisions.
The European Court of Justice also helps protect the human rights. It is the main court of the European Union and interprets the Europe Union law and deals with disputes between the European states. However, it can also be used when citizens from the European states believe that their rights, guaranteed by the European law, have been neglected. The European law usually deals with the rights of the workers, consumers and recipients of welfare state. It is effective to a certain extent because the judgements of the European Court of Justice are binding. Due to this the European Court of Justice has done a great deal to defend the economic and social rights. An example where the court has helped protect the social rights is the Hepple Case 2000, where it was ruled that the women should not be discriminated against purely on the basis that they retire earlier than men. However, the drawback is that only a small number of cases can go to the European Court of Justice.
The House of Commons, in theory, also defends people’s rights. It can veto a proposed Act of Parliament that might breach human rights. An example of such an act is the Sunday Trading Bill of 1986. It was rejected by the House of Commons due to the fact that it will abuse the rights of workers and Christians. The House of Commons can also amend legislation that might breach the rights of an individual and hence protect the human rights. The House of Commons has the power to remove a government by passing the vote of no confidence. This is very rare but can be done in order to prevent measures that could extremely threaten human rights. The House of Commons is quite effective because it can amend legislation, that might threaten human rights, at an early stage and also as it acts as a check on the government. However, chiefly it is the government majority that is decisive and makes the final decision.
The House of Lords, although limited in its powers than the Commons, is also effective to an extent in protecting the human rights. It can delay legislation for a year and any amendments it proposes must be returned to the Commons for approval. For example, the Welfare Reform Bill in 1999. The reform to the membership of Lords in 1999 has potentially strengthened its independence. However, a strong determined government can easily get its way through the supremacy of the House of Commons.
Lastly, the members of Parliament can also help to protect individual rights. They may take up cases of one or a group of their constituents. They are given fast access to ministers and senior civil servants. However, the government need not act on their requests.
Hence, overall I can say that the courts are effective to an extent in protecting the human rights. However, it is due to several factors that I have mentioned above, some of which are more influential than the others.
