Transcript Slide 1
History.... Right up until 1998 the UK did not have a bill of rights giving its citizens rights to certain basic freedoms. However, as early as 1950 the UK Government signed the European Convention of Human Rights. This followed the Universal declaration on Human Rights made by the General Assembly of the United Nations in 1948. The Convention was adopted by the Council of Europe in 1950. The Council of Europe was formed in 1949 (separate to the EU) and now has over 47 member countries. Although the UK signed the convention in 1950 it was not part of our law until October 2000. This is when the Human Rights Act 1998 came into effect. Atrocities of WW2 Universal declaration of Human Rights (UN 1948) European Convention of Human Rights Adopted by the UK in 1950 Human Rights Act 1998 Came into force in the UK in 2000. The HRA 1998 incorporates the European Convention into British law and it makes it unlawful for a public authority to act in a way which is incompatible with a Convention right (s6). This is very wide ranging as it can include the courts as well as a person with some public function. There is however, one major limitation that is not included (Parliament/person exercising functions) Effect of the Act on interpretation of the law... (S2) States that the court must take into account any decision of the ECHR when deciding human rights cases. This was seen in the case of Re Medicaments (No 2), Director General of Fair Trading v Propriety Association of Great Britain (2001) where the COA refused to follow the House of Lords in R v Gough (1993) as it was a different decision. Timeline of interpretation and resolution ‘The court must take into account any judgement, decision, declaration or advisory opinion of the ECHR’ ‘In so far as possible the courts must interpret in a way that is compatible with the Convention (s3).’ Fitzpatrick RvA (2001)& Lord Woolf Declarations of incompatibility (s4) New Act of Parliament vs. Remedial Order (s10) B & L v UK (2006) Hirst v the United Kingdom Dismissed by the High Court The ECHR in 2004 ruled unanimously that there was a breach of Article 3 Once a case has been decided by the ECtHR, it falls to the Committee of Ministers to supervise execution of the Court's judgment. The British Government initially attempted to introduce legislation to give prisoners the right to vote. This was rejected by the British Parliament and the Government has repeatedly stated since then that prisoners will not be given the right to vote in spite of the ruling http://www.bbc.co.uk/news/uk-politics-20053244 End of topic essay: “Discuss the impact of the Human Rights Act 1998 on the legal system of England and Wales” (11 marks) This is a past-paper question taken from LA1 section b of 2012.