The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 1, 2000. Its aim is to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to European Court of Human Rights, in Strasbourg. In particular, the Act makes it illegal for any public body to act in a way which is incompatible with the Convention. It also requires UK judges take account of decisions of the Strasbourg court, and to interpret legislation, as far as possible, in a way which is compatible with the Convention. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it.. This declaration does not affect the validity of the Act of Parliament: in that way, the Human Rights Act seeks to maintain the principle of Parliamentary Sovereignty.
The Convention on Human Rights contains twelve fundamental rights and sovereignties. A further five are added by the first and sixth practices. Some moralities are 'unqualified rights' which means they are absolute. There is no need for the Court to consider whether the action of the body making the decision was reasonable. It only has to look at whether a Convention Right was violated. Some of the truths are qualified rights and these only apply so long as there is no conflict with some other, equally weighty, rights or interests. Some concord moralities are 'unqualified rights' which means they are utter. There is no need for the Court to ruminate whether the action of the body making the verdict was reasonable. It only has to look at whether a Concord Right was debased and they are as follows Article 1 - Abolition of the death penalty, Article 2 - Right to life, Article 3 - Prohibition of torture, Article 4 - Prohibition of slavery, Article 5 - Right to liberty, Article 6 - Right to a fair trial, Article 7 - No punishment without law, Article 12 - Right to marry, Article 14 - Prohibition of discrimination. Some of the rights are qualified rights and these only relate so long as there is no clash with some other, likewise important, truths or interests. Article 8 - Right to respect for private and family life, Article 9 - Freedom of thought, conscience and Religion, Article 10 - Freedom of expression, Article 11 - Freedom of assembly and association, Article 1 - Protection of property, Article 2 Death penalty in time of war.
The Human Rights Act 1998 (henceforth referred to as ‘the Act’) is a highly significant piece of legislation which entered into force on 2nd October 2000. It combines into UK law the various rights and freedoms contained within the European Convention on Human Rights and secures a wide range of civil rights and freedoms of the individual against interference by the State. The result of this is that an individual is now able to seek legal redress in a court in England or Wales.. Yet under the Act, any UK citizen is now able to enforce their rights in the domestic courts of England and Wales. A limitation occurs where UK law conflicts with the Convention; in such circumstances, the individual will be obliged to make the application to Strasbourg, as was required prior to the passing of the Act.
The Act applies to public authorities, along with those bodies carrying out public functions, and provides that they must act in a manner which is compatible with the Convention . If an individual feels that this Convention right has been breached by such a public authority, he may be entitled to challenge this by the process of judicial review.
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