The Human RIghts Act Has Revolutionised the Way Judges Interpret Statutes. Discuss.

“The Human Rights Act has revolutionised the way in which judges interpret statutes.” Introduction The Human Rights Act 1998 (HRA 1998) is described in its long title as “An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights.”[1] Its introduction created a huge impact on the English Legal system where previously, cases which involved breaches of the European Convention of Human Rights (ECHR) could only be heard in the Strasbourg courts and often involved proceedings which were lengthy and costly. With the introduction of the Act, the English courts could now hear cases involving these rights. The focus of our research paper is on the impact that the HRA 1998 had on the way judges interpreted statues following its introduction. Background to the Human Rights Act 1998 2 After the Second World War, the newly-established Council of Europe drew up the European Convention of Human Rights. The ECHR was drafted in 1950 and came into force in 3rd September 1953. All members of the council were expected to ratify the Convention as soon as possible.[2] However, ratifying the Convention did not compel member states to incorporate Convention provisions into their domestic law, as was the case with the UK, which despite ratifying the Convention, for many years, refused to incorporate the Convention into English

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  • Level: University Degree
  • Subject: Law
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Human Rights - Articles 6 and 8 applied to fictitious cases.

Question 1: Mike Russell is a (fictitious) former international cricket player, having played regularly for England between 2005 and 2011. In 2012 he published his autobiography in which he wrote controversially about a tour by England to South Africa. He claimed that some of his team mates were more interested “in scoring with the local girls than in scoring runs against the South Africans”. He continued that if the fast bowlers had spent less time wine tasting and more time practising in the nets, England might well have beaten South Africa in the test series. A few months ago the following article appeared in ‘Wicket World’, a leading cricket magazine. Mike’s Misdeeds When Mike Russell played cricket for England, he cultivated a squeaky clean image. Well, the truth about Mike is now out! When Mike dropped out of the final test against South Africa on the epic tour so graphically described in his book, the England management announced that he had got food poisoning. Wicket World can now disclose the truth. Mike was actually suffering the after-effects of a sordid, vodka-filled night of passion with a local prostitute. Happily Mike has now seen the error of his ways, and he checked in last week at The Cloisters, a private clinic which helps people suffering from addictions. Well done, Mike, for fighting your addiction to vodka! Mike began proceedings

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  • Level: University Degree
  • Subject: Law
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What kind of responsibility do some states have for the rights of the subjects of other states?

What kind of responsibility do some states have for the rights of the subjects of other states? Human rights are “non- derivative and fundamental elements of morality. They embody a form of recognition of the value of each individual that supplements and differs in kind from that which leads us to value the overall increase of human happiness and the eradication of misery”.[1] Due to the tragic events in Rwanda and the Balkans in 1990s, there was emergence for the international community to engage in serious discussions on taking effective measures in cases where citizens' rights are grossly and systematically violated. The essence of this question is, whether states have absolute sovereignty in charge of their internal affairs, and whether the right of the international community to intervene in the internal affairs of any other state is right for the purposes of humanitarian help. Any warnings of danger require shared responsibility and cooperation among the States concerned and the international community. Duty to prevent and stop genocide and mass atrocities lies primarily with the concerned State; the international community plays a role that cannot block calls for sovereignty. Sovereignty protects not only the state from the foreign interference, but it also imposes the responsibility of States for the welfare of its people. This principle is enshrined in

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  • Level: University Degree
  • Subject: Law
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Nigerian Judiciary and the defence of the common man

THE NIGERIAN JUDICIARY AND THE DEFENCE OF THE COMMON MAN In line with the doctrine of separation of powers, which is a cardinal feature of a democratic system, the Nigerian Constitution guarantees the independence of the Judiciary. The doctrine of seperation of power was introduced by French political philosopher, Baron de Montesquieu in order to protect the people from dictatorship or authoritarianism. Under this arrangement, three branches of goverment were formed: the executive, legislature and judiciary. The legislature is responsible for making laws, the executive implements while the judiciary interpretes the laws. It was Madison's system of "Checks and Balances" that would keep the three in check. No one branch would be able to exploit it's power without the scrutiny of one of the other branches. Montesquieu did specify that "the independence of the judiciary has to be real, and not apparent merely". "The judiciary was generally seen as the most important of powers, independent and unchecked", and also considered the least dangerous. That the judiciary all over the world is regarded as the last hope of the common man needs not be over-emphasised. This is why stakeholders in the justice sector often refer to it as a strong fortress, standing sure and strong, providing succour and shelter for the defenceless and vulnerable of the society; a safe haven where the

  • Word count: 3101
  • Level: University Degree
  • Subject: Law
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