The most important piece of British legislation with regard to Human Rights is undoubtedly the Human Rights Act 1998. The Act, in force since 2 October 2000, incorporated the European Convention on Human Rights1 into British law and constitutes one of the most controversial legislative creations enacted by the Westminster Parliament in its impressive history. Rancorous opponents have described the Act as a “plot to undermine Parliament and make Britain subservient to the European Union”, nothing more than a “complainers charter” and a “bonanza for lawyers.”2 Proponents counter and say that the 1998 Act will advance the cause of liberty and check the power of Britain’s over-mighty executive.3 Whatever the reader considers to be true, it is indisputable that the Human Rights Act 1998 is a huge constitutional innovation with a crucial impact on Britain’s legal system. Consequently, the present Lord Chancellor, Lord Irvine of Lairg, called it “a constitutional landmark” which “would be a point of reference for generations to come.”4
This essay will identify and analyse the most significant affects of Britain’s new human rights legislation. For that purpose it is first necessary to outline the historical development of human rights in the United Kingdom and to describe how these rights could have been enforced before the Human Rights Act 1998 came into force (Part A.) When considering this, attention will also be drawn to Britain’s political environment and its role in the development of international human rights instruments. Part B of this paper is then concerned with the question, of the approach taken by the British government in incorporating the ECHR, and how the concept of the Human Rights Act 1998 works in practice. The most significant impacts of the new Act will be examined in Part C.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- A. HUMAN RIGHTS IN THE U.K. -A HISTORICAL OVERVIEW
- I. From Magna Carta to the Ratification of the European Convention on Human Rights
- 1. Civil Liberties and the Constitution
- 2. The British Traditions of Civil Liberties
- i) Magna Carta and the Bill of Rights
- ii) Supremacy of Parliament and Human Rights
- iii) Why Britain Has No Written Constitution
- 3. Britain's Influence on the Development of Human Rights After the Second World War
- i) Human Rights Instruments of the United Nations
- ii) The European Convention on Human Rights -General Overview
- iii) The United Kingdom's Role in Securing Human Rights Examined
- II. The Enforcement of Human Rights in the U.K. Prior to the Human Rights Act 1998
- 1. Statutory Interpretation by the Courts
- 2. Developing the Common Law
- 3. Judicial Review of Administrative Discretion
- 4. Concluding Remarks
- B. INTRODUCTION TO THE HUMAN RIGHTS ACT 1998
- I. The Incorporation of the European Convention on Human Rights
- II. The Mechanism of the Human Rights Act 1998
- C. THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON THE BRITISH LEGAL SYSTEM
- I. Effects on Statutory Interpretation
- II. Development of the Common Law
- III. Judicial Review of Discretionary Decisions
- CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay examines the significant impacts of the Human Rights Act 1998 on the British legal system. It explores the historical development of human rights in the United Kingdom and analyzes how these rights were enforced before the Act's implementation. The essay then delves into the process of incorporating the European Convention on Human Rights into British law and explores the practical implications of the Human Rights Act 1998. The focus is on identifying and analyzing the key effects of this landmark legislation.
- The historical development of human rights in the United Kingdom.
- The enforcement of human rights in the UK before the Human Rights Act 1998.
- The incorporation of the European Convention on Human Rights into British law.
- The practical mechanisms of the Human Rights Act 1998.
- The significant impacts of the Human Rights Act 1998 on the British legal system.
Zusammenfassung der Kapitel (Chapter Summaries)
The essay begins with an overview of the historical development of human rights in the United Kingdom, tracing the evolution from the Magna Carta to the ratification of the European Convention on Human Rights. It examines the British traditions of civil liberties, including the role of Parliament and the absence of a written constitution. The essay then discusses Britain's influence on the development of international human rights instruments, particularly in the aftermath of World War II. This section explores the contributions of the United Kingdom to the establishment of the United Nations and the drafting of the European Convention on Human Rights.
The second part of the essay focuses on the enforcement of human rights in the United Kingdom prior to the Human Rights Act 1998. It examines various methods used by the courts, including statutory interpretation, the development of common law, and judicial review of administrative discretion. The essay analyzes the effectiveness of these pre-existing mechanisms in protecting human rights.
The third section delves into the Human Rights Act 1998, exploring the process of incorporating the European Convention on Human Rights into British law and explaining the practical workings of the Act. This part provides a detailed analysis of the mechanisms established by the Act, including the provisions for judicial review and the impact on statutory interpretation.
Schlüsselwörter (Keywords)
This essay explores the impact of the Human Rights Act 1998 on the British legal system. Key concepts include human rights, civil liberties, fundamental rights, the European Convention on Human Rights, statutory interpretation, common law, judicial review, administrative discretion, and constitutional innovation. The essay examines the influence of this landmark legislation on the balance of power between Parliament, the judiciary, and the executive.
- Quote paper
- Rechtsanwalt Karsten Keilhack (Author), 2003, What in your opinion, has been the most significant impact of the incorporation of Human Rights legislation into British law?, Munich, GRIN Verlag, https://www.grin.com/document/22899
