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Human Rights.

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  • Essay length: 2132 words
  • Submitted: 11/03/2004
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AS and A Level Sources of Law

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Human Rights Coursework BIL006

Lord Irvine during the reading of the Human Rights Bill1, stated;

"This Bill does not impose any statutory controls on the press by a back-door privacy law... I would not agree with any proposition that the courts as public authorities will be obliged to fashion a law of privacy because of the terms of the Bill"

Whilst incorporation will no doubt influence how the courts deal with privacy issues in future, it will be up to the courts whether they use this provision to alter the current disorganised ad hoc protection the law provides.

An underlying factor of the Human Rights Act is that public authorities must act in accordance with the same when reaching a decision; this therefore gives the HRA far reaching consequences. As the courts have been little guidance by the act itself, the courts have used their obligation as a public authority to 'give effect' to the convention rights to ensure the individuals privacy rights are protected. This is also in circumstances where the potential defendant is not a public authority itself, therefore ultimately expanding horizontal effect; this is called "indirect horizontal effect". The act implies on

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