The Human Rights Act 1998

Incorporates EU law on human rights into UK law
1. European Convention on human rights
Any breach of convention goes to UK courts rather than ECHR in Strasbourg
1. In effect 'the HRA makes the European Convention the fundamental law of the land'
  1. How it has failed
    1. schoolboy arsonist allowed back into classroom because discipline would apparently deny his right to education
    2. burglar given taxpayers money to sue the man whose house he broke into
    3. convicted rapist given £4,000 compensation because his second appeal was delayed
Increased judicial review
1. Deciding whether the Executive has acted ultra vires
  1. beyond authority
  2. Provide essential check upon might of Executive
2. Anti-Terrorism Crime and Security Act 2001
  1. Ruled that indefinite detention of suspects went against articles in HRA
  2. Imprisonment without trial
UK courts now have right to issue declaration of incompatibility where a statute violates the rights set out in HRA
1. Parliament does not have to amend the offending statute
2. Can invite parliament to reconsider legislation
  1. Parliament must not infringe the rights guaranteed under the Act
People can go to UK courts to secure justice
1. Judges are now able to apply human rights law into their rulings
From 2000, the courts had more power than ever to hold public bodies and the govt to account for actions
Helped to develop law of privacy in UK
1. Gordon Kaye, TV actor wanted block publication after reporter entered his hospital room after emergency brain surgery
Judges have to interpret law in particular situation

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The Human Rights Act 1998

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