- Join over 1.2 million students every month
- Accelerate your learning by 29%
- Unlimited access from just £6.99 per month
The first 200 words of this essay...
In English law, there is no formal separation of public and private law, no constitutional court and before the enactment of the Human Rights Act 1998 there has been no catalogue of fundamental rights as it can be found in many continental European constitutional documents. The major source of fundamental rights in English law is now undoubtedly the Human Rights Act 1998 (HRA) which implements the European Convention on Human Rights (ECHR) into English law, which came into force on 2 October 2000.
In accordance with the doctrine of parliamentary sovereignty, the HRA has no higher status than other Acts of Parliament. It is not possible for courts to override primary legislation that is incompatible with convention rights, or to declare it unconstitutional. This is portrayed in s 4 of the act which empowers the courts to declare that primary legislation is incompatible with the ECHR. This declaration, however, does not affect the validity, continuing operation and enforcement of the provision in question which remains even applicable to the case in question.
The primary responsibility for ensuring compliance with the Convention is placed on 'public authorities', s. 6 HRA 1998. Section 6 (1) of the
Found what you're looking for?
- Start learning 29% faster today
- Over 150,000 essays available
- Just £6.99 a month
Not the one? We have 100's more
Sources of Law (view all)
- Common Law and Equity
- Common Law and Equity - its history and development
- Briefly explain what is meant by the doctrine of judicial pr...
- AS LAW -JUDICIAL PRECEDENT
- Judicial Precedent
- Advantages and Disadvantages of Purposive Approach
- Should people have a right to privacy?
- Laws are necessary for the peace, stability, order and good ...
- Describe the sources of law in the UK
- Should Conventions Be Made Law in the UK?
""Asmaa, UAE. GCSE Student. Biology, Physics, Chemistry, Maths and English.
""Nikolay. Business Studies. BTEC Student.