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'The Human Rights Act 1998 has a significant impact on

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Introduction

'The Human Rights Act 1998 has a significant impact on administrative law in the UK. It has added legal rules on standing and new grounds upon which exercise of public powers can be challenged in judicial review proceedings. More importantly, however, it has given rise to new human rights culture in the UK.' Critically discuss all aspects of the statement. When speaking of human rights of the individual we often refer on one hand to social and economic rights such as the right to employment, health care and housing and on the other hand the classical civil and political rights -the right to liberty of the person, participate in elections, rights to freedom of conscience and religion and expression. Human rights lawyers concentrate particularly on the civil and political rights even though social and economic rights are essential to the 'effective participation in the civil and political life of the community.'1 Several international treaties promoting social and economic security have failed to penetrate into common law tradition and be taken seriously as fundamental rights as a result of their difficulty to enforce. However, The European Convention on Human Rights (ECHR) has had a significant influence on British law and practice.2 The Labour Party's manifesto prior to the 1997 elections included the commitment to introduce legislation, which would incorporate the ECHR into United Kingdom (UK) ...read more.

Middle

The fourth plaintiff started similar proceedings and the judge dismissed the application. The decision was reversed by the Court of Appeal, which struck out the proceedings on the ground that they were an abuse of the process of the court and that the plaintiff's only proper remedy was by way of judicial review under the legal Rules of the Supreme Court Order 53. The decision was held since all remedies for the infringement of rights protected by the public law could be obtained on an application for judicial review, as a general rule, it would be contrary to public authority's infringement of his public law rights to seek redress by ordinary action. Accordingly, the decision was struck out as they raised public law issues, which should have been challenged by way of judicial review.15 Specific procedural rules and practices for the claim for judicial review have been established within the Practice Directions of the Civil Procedure Rules (CPR) Part 54 and Section 31 of the Supreme Court Act which are in place primarily to safeguard the interests of public authorities. These procedures provide certainty for public bodies from public powers being used excessively and bringing forward to the courts 'frivolous' claims.16 The case of O'reily v Mackman established the 'exclusivity principle,' which requires that litigants should not be able to avoid using judicial review by way of writ or originating summons. ...read more.

Conclusion

and., Ewing K.D. (2003). Constitutional and Administrative Law. 13th Edition. Pearson Longman, p. 403. 2 Bradley, A.W. and., Ewing K.D. (2003). p. 403. 3 Chance, C. (supported by). (1998). p. 75. 4 Chance, C. (supported by). (1998). Constitutional Reform in the United Kingdom: Practice and Principles. (The University of Cambridge: Centre for Public Law). Hart Publishing. p. 105. 5 Chance, C. (supported by). (1998). p. 105. 6 Chance, C. (supported by). (1998). p. 79. 7 Chance, C. (supported by). (1998). p. 79. 8 Chance, C. (supported by). (1998). p. 105-106. 9 http://ukwestlaw.co.uk. 10 Chance, C. (supported by). (1998). p. 105-106. 11 http://ukwestlaw.co.uk. 12 Bradley, A.W. and., Ewing K.D. (2003). p. 169. 13 http://www.lawtel.com. 14 [1983] 2 A.C. 237 as cited in http://www.ukwestlaw.co.uk. 15 http://www.lawtel.com. 16 Harding, A.J. (1989). Public Duties and Public Bodies. Clarendon Press. p. 139. 17 'Permission' stage must be granted by the court in a claim for judicial review whether, started under Part 54.4 or transferred to the Administrative Court 18 Fenwick, H. (2002). Civil Liberties and Human Rights. Cavendish Publishing Limited. p. 169. 19 http:/www.theguardian.co.uk. 20 http://lawtel.com. 21 Bradley, A.W. and., Ewing K.D. (2003). p. 736. 22 "Parents could soon win the right to select blond babies (Sunday 8 October 2000) as cited in http:/www.theguardian.co.uk. 23 http:/www.theguardian.co.uk. 24 http:/www.theguardian.co.uk. 25 Fenwick, H. (2002). Civil Liberties and Human Rights. Cavendish Publishing Limited. p.103-111. ?? ?? ?? ?? Registration Number: 0003 1522 5 01P Module Title: Law 124 1 ...read more.

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