Ombudsman and Human Rights Act 1998

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Law
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Ombudsman, independent investigators of citizen's grievances against the administration, completing the role of the courts, have become established feature of English administrative law inspired by its existence in the Scandinavian countries, the original blueprint for the British…

Introduction

The Human Rights Act 1998 came into force on October 2000 band made it far easier to enforce the European Convention on Human Rights in British courts. It has been observed that the HRA is one of the most revolutionary pieces of legislation to be passed in the UK, to rank alongside the Bill of Rights, the Acts of Union and the European Communities Act 1972. Before this Act, in the late nineteenth-century professor A. V. Dicey stated that Britain had a tradition of civil liberties. Before attempt to discuss the statement it is necessary to consider the provision of section 4 of the HRA 1998. Declarations of incompatibility are regulated under s.4, which provides that, if a Court is satisfied that a provision of primary or subordinate legislation is incompatible with one or more Convention Rights, it may make a declaration of incompatibility. The Courts with jurisdiction to make the declaration of incompatibility are the HL, the Judicial Committee of the Privy Council, the Courts-Martial Appeal Court. Section 4(6), however, contains a vital limitation, in that a declaration of incompatibility does not affect the validity, continuing operation or enforcement of the provision in question, and is not binding on the parties to the proceedings in which it is made.
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