Ombudsman and Human Rights Act 1998 - Essay Example

Only on StudentShare

Extract of sample
Ombudsman and Human Rights Act 1998

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. ...Show more


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…
Author : jesusstamm
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Ombudsman and Human Rights Act 1998"
with a personal 20% discount.
Grab the best paper

Related Essays

"The Human Rights Act 1998 was a constitutional mistake". Discuss.
In the above three cases, there have been a failure to consider for deportation of foreign prisoners who are held under terrorism charges which illustrated an obvious necessity to overhaul the HRA4. It is to be observed that HRA has created a scenario where it was deemed that all public bodies in UK would adhere to the Convention and offered power to the UK courts to hear challenges to any infringement.
16 pages (4000 words) Essay
Human Rights Act 1998
Thereafter, it is up to Parliament to take suitable action, if deemed necessary.1 In its White Paper, the UK Government clarified that the Human Rights Act 1998 was aimed at providing a novel basis for the interpretation of every piece of legislation by the judiciary.
13 pages (3250 words) Essay
Equity and Trusts Essay
The resultant appeals would then be heard by the Lord Chancellor, a clergy who was the principle minister by then1. Although the principles of Trust and Equity would later be transformed into the rigid practices of the Crown Courts, recent times have realized more widespread application of the principles of equity and trust, more so in civil cases.
6 pages (1500 words) Essay
Rules of Statutory Interpretation
Statutory interpretation entails the process through which the courts apply and interpret legislations. In order to find the intent and meaning of legislation, judges use various rules and approaches of statutory interpretation such as legislative history and the traditional statutory interpretation canons.
9 pages (2250 words) Essay
Human right act 1998
This is no longer the case, though, as private companies must now be more accountable for their actions. In this situation, three different human rights violations are being made against Len and Heather. First of all, they are not being permitting to maintain their family life, as they are being forced to live apart.
5 pages (1250 words) Case Study
Human Rights Act 1998 6(3)(b)
Legal complexity that faces the issue concerning the definition of 'public authority' in the Human Rights Act section 6(3)(b) is a classic case of public ignorance of their rights or no rights because of the sheer inaccessibility of common information typecast in legal terms.
4 pages (1000 words) Essay
Human Rights Act 1998
.. Once the Osmosis of the above scenario clears in the reader's mind it is possible to discern a pattern where as the Queen of Hearts (later rhetorically referred to as "nothing-but a pack of Cards" by Alice) is equivalent to the Modern Executive with its unfettered discretion to use and abuse its powers, lock up and detain people at its own will, apply legislation in an oppressive manner and the list goes on.
8 pages (2000 words) Essay
Detroit and municipal bankruptcy
law effects its purpose by facilitating the extension of debt maturities, reducing principal interest and establishing means of attaining new loans to settle debts (Nollcamper & Heidi 600). Detroit has the largest population through the United States history. Considering the
2 pages (500 words) Research Paper
Find out how much would it cost
to get a custom paper written by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email