UNIVERSITY OF LONDON
Common Law Reasoning and Institutions
Essay: ‘The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence.’
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Human rights are “rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human. This is a fundamental duty for county to protect human rights and freedoms. In United Kingdom this fundamental rights are maintain the human right act 1998 which came into effect in Northern Ireland and Scotland in 1998, in England and Wales in 2000 comprising much of the provisions of European court of Human rights. Remedy for the breach of European Convent ion of Human Rights was, without need to go to the European Court of Human Rights, made available in the UK domestic court by 1998 Act.
The aftermath of the Second World War brought demands for European political, social and economic unity, therefore, the Council of Europe of Europe was established. Council of Europe states created their own Convention for the Protection of Human Rights and Fundamental Freedoms in 1950 (the European convention on human rights).The UK was active in ratifying the treaty in 1950. Cases were to be presided over by the European court of human rights in Strasbourg.
Prior to the Human Rights Act 1998, domestic courts could use the convention rights as an aid to interpretation and Convention rights were only persuasive authority i.e. Waddington v Miah, Derbyshire County Council v Times Newspaper Ltd .
In 1997 the Labour government, honouring a manifesto pledge announced their intention to incorporate the convention into domestic law. It published a white paper, Rights Brought Home: The Human Rights Bill, which would:
"mean that the British people will be able to argue for their rights in the British courts –...