What effect has the Human Rights Act 1998 had on the law of England and Wales?

What effect has the Human Rights Act 1998 had on the law of England and Wales? Discuss: Pre-existing protection for human rights/civil liberties Pre HRA effect of the ECHR Key effects of the HRA: - interpretative duty - declarations of incompatibility - remedial orders - prohibition of incompatible acts by a public authority - application in private disputes Critique: - preservation of parliamentary sovereignty - does not incorporate Article 13 Possible answer The HRA 1998 came into force on 2 October 2000 and made it possible to enforce the European Convention on Human Rights in British courts. In Wales the Government of Wales Act 1998 introduced Convention rights a little earlier, in July 1999, since the GOWA included a provision prohibiting the National Assembly for Wales from acting incompatibly with the ECHR. A similar provision was contained in the Scotland Act in relation to the Scottish Parliament and the Scottish Executive. Prior to the commencement of the HRA 1998, the UK was bound by virtue of its obligations under the ECHR to ensure respect for the rights and fundamental freedoms set out in the Convention. Under the Convention itself it was possible (and, post-HRA, it remains possible) for an individual claiming to be a victim of a violation of his or her Convention rights to take a case to the European Court of Human Rights in Strasbourg and for

  • Word count: 1309
  • Level: University Degree
  • Subject: Law
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In my essay Im going to look what Human rights are and who is entitled to Human rights. I will mainly focus on the declaration of human rights since it is the most recent establishment of human rights.

What are Human Rights? Human rights have always been very controversial. Since the existing of mankind rulers have always set up some kind of human rights to control their citizen or to give them the freedom they needed. But never has freedom been enjoyed that much as in today's western culture. Especially after the declaration of human rights, which tries to give everyone no matter what religion, inheritance or culture they belong too. However on the other hand many people argue that the declaration of human rights in mainly a western concept and shouldn't be imposed on non western countries. In my essay I'm going to look what Human rights are and who is entitled to Human rights. I will mainly focus on the declaration of human rights since it is the most recent establishment of human rights. "Human rights is not a thing but a concept, a way of thinking and making claims about certain events. These claims derive from morals rules and are expressed in legal terms or United Nations dialect." Many people share the have the same view as Stanley Cohen. Human rights only exist in our minds. There is no such natural thing as human rights. Everyone has their own definition of human rights in their own head. So if people have different concepts of human rights how can we know whether one concept is better than the other or if one set of rights are right and another wrong? Some

  • Word count: 1237
  • Level: University Degree
  • Subject: Law
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Imagine that you are writing a study of Paris during the Terror. In the form of a short essay, consider the following three questions.

01/05/05 Imagine that you are writing a study of Paris during the Terror. In the form of a short essay, consider the following three questions. What kind of primary source is this and what strengths and weaknesses does it have as a source for your study. 2 Are there any particular words and phrases in the document that require elucidation or special comment before you can make use of it. 3 What can you learn from this source with respect to Paris during the Terror? You should distinguish, where appropriate, between witting and unwitting testimony. The reign of terror Paris April 1793 - July 1794 (dates supplied by Encarta; French Revolution) the primary source being examined is part of a speech made by Jacques Roux to the French Convention on 25th June 1793 (Open University A103 assignment). This is a source of primary evidence relating to the French revolution, in particular to the events covering the beginnings of the Reign of Terror. Looking at this piece of evidence its strengths are that it is a document of record, a speech made to an official assembly, recorded and reported on. Also being in Paris at this time Roux may have been in an excellent position to comment upon the problems faced by the people at ground level, or at least within his own circle of influence. Roux would therefore be aware of the people's views towards the revolution, Convention and the

  • Word count: 1036
  • Level: University Degree
  • Subject: Law
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Discussion of the right to information

COMU2311Discussion42761936 Discussion of the right to information The right to information refers to information freedom, which means that everyone should be given the right to equally access information across all platforms (Banisar, 2011). Information is defined by Banisar (2011) as any material, such as papers, documents, that are kept by government bodies. Since the year 1948, Article 19 of the United Nations Universal Declaration of Human Rights has stated that “everyone has the right to freedom of opinion and expression”, there is an increasing awareness of citizens’ right to access and collect information (Hachten 1996:159). Nowadays, the right to information plays a significant role in empowering all citizens to monitor governments and promote good governance (Oslo Governance Centre, 2006). As of July, 2012, nearly 90 countries have had national or federal laws with international standard, which declare particular rights for information accessing (Right to information, 2012). Most countries are in Europe, for example, Sweden; this country has enjoyed the right to information since the beginning of 19th century. “The Freedom of the Press Act” of 1766 later became a part of Swedish constitution; it provides comprehensive provisions so as to ensure public access to all documents held by the government (Research, Reference, and Training Division, 2000).

  • Word count: 1026
  • Level: University Degree
  • Subject: Law
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