StudentShare solutions
Triangle menu

Impact of the Human Rights policy in EU on british society - Essay Example

Not dowloaded yet

Extract of sample
Impact of the Human Rights policy in EU on british society

The answer lies in the fact that Section 3 of the Human Rights Act, as also many other sections, hedges its bets by saying that, "so far as it is possible to do so", primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention's rights.
For instance, Section 12 of the Human Rights Act emphasises the role of courts in defending the right to freedom of expression, and states that this Section applies if a court is considering "whether to grant any relief which, if granted, might affect exercise of the Convention right to freedom of expression". (Coppel, J; "Human Rights Act 1998: Enforcing the European Convention on Human Rights in Domestic Courts"; 1999) Moreover, it is considered unlawful for a court to act in a manner contrary to a Convention right "unless obliged to act in such a way by a provision of primary legislation". (www.highbeam.com/doc/IP3-77629772.html). (www.opsi.gov.uk/acts/acts 1998/ukpga/19980042_en_1)
Incidentally, discretionary increase in police powers has landed the UK Government at least once in the soup. Article 15 of the Convention states in Para 1 that "in times of war or other public emergency threatening the life of the nation, any contracting party may take measures derogating from its obligations under the Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law". However, in the case of Brogan and others v United Kingdom (1988; II EHRR 117) four persons were arrested on the suspicion that they were provisional members of the IRA, and detained under Section 12 of the Prevention of Terrorism Act 1984.They were released after four-to-six days. They claimed that Britain had violated several parts of the Article 5 of the Convention; for instance, Article 5, Para 1 (C) on the ground that they were not arrested on suspicion of an "offence". Furthermore, after being arrested they were not promptly either taken before a judge or released, as the provision states they should have been in Para 3 of Article 5. The court held that on all four counts there had been a violation of Article 5 of the Convention. ("Issue of Terrorism and Its Impact on Human Rights"' www.Mindrelief.net; 2007)
Additionally, there has been no consistency in the interpretation of the Human Rights Act and the European Convention on Human Rights by English courts. "Diane Pretty's attempt to challenge the Director of Public Prosecution's refusal to provide an undertaking not to prosecute her husband if he assisted her to commit suicide failed because the European Convention on Human Rights did not contain an implied right to euthanasia (R (Pretty) v DPP (2002) 1AC 800). Similarly, Human Rights Act challenge to the Hunting Act 2004 (R (Countryside Alliance v Attorney-General (2006) EWCA Civ 817) failed in part because Article 8 was not engaged. (http://webarchive.national archives.gov.uk). It has also been held that the statutory regimes relating to matters as disparate as the supply of water (Marcic v Thomas Water; 2004; 2 AC 42), regulation of solicitors' profession (Holder v Law Society; 2003; 1-WLR 1059) and preservation of embryos (Evans v Amicus Healthcare; 2005; Fam 1) are compatible with the European Conv ...Show more

Summary

With the Human Rights Act 1998, the European Convention on Human Rights has become law in the United Kingdom. Since November 2000, all courts must take into consideration the judgments, decisions, declarations or advisory opinions of the European Court of Human Rights when arriving at a decision." (www.accessmylibrary.com)…
Author : wilmerpouros
Impact of the Human Rights policy in EU on british society essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Impact of the Human Rights policy in EU on british society"
with a personal 20% discount.
Grab the best paper

Related Essays

Defining and Protecting Human Rights
......................................................................................2 Human Rights in the Arab Republic of Egypt…………………………………………………….2 Liberalism.....................................................
14 pages (3500 words) Essay
The Equality and Human Rights Commission (EHRC)
The specific strategies adopted by certain employers seem to have interfered with the religious sentiments of some of the employees. In such cases, there has been a dispute between the two parties regarding the imposition of these employment policies. This paper has tried to handle the sensitive issue of religious discrimination in the light of the related legislation in this area.
8 pages (2000 words) Essay
Influences of EU Laws on UK Laws
The superiority of the EU law over domestic UK laws enables various EU Directives to have a direct impact on the English legal system. EU directives normally prompt the UK to enact domestic laws that allow for the smooth implementation. The requirement that the UK must comply with various articles of the EU treaty and directives has basically placed the country in a position to operate in line with the EU law whether or not a domestic legislation to that effect is in place.
11 pages (2750 words) Essay
Immigration and the Immigrant Policy Initiative in Britain and the EU
The incorporation of the European Convention will establish a floor, not a ceiling, for human rights". "Should legal obstacles arise we will legislate further, including, if necessary, amending the Human Rights Act in respect of the interpretation of the European Convention on Human Rights" (United Kingdom, Human Rights: a broken promise, web.amnesty.org)1
20 pages (5000 words) Essay
Protection of Human Rights
In the case of Britain, the main legal text for the protection of human rights is the Human Rights Act 1998 as it has been amended through a series of legal provisions published until today. Despite the fact that in UK many efforts have been made in order to improve the conditions related with the protection of human rights, in practice a series of failures have been identified in the application of the Human Rights Act 1998 and the other legal texts referring to the protection of human rights.
16 pages (4000 words) Essay
In the light of this comment, consider the legal and political relationship between the EU and NATO
There are some major problems with fighting organized crime within the EU and these are down to security problems due to the enlargement of the EU and the accession of post-communist nations; as well as the nation of Cyprus which causes a thorn in the side of relations with Islamic nations because of the Turkish-Greece conflict.
13 pages (3250 words) Essay
Policy Memo - Human Rights
Several aspects of the issue impact the US decision regarding the use of torture including a definition of enemy combatant, applicability of the Geneva Convention and other International Agreements, the semantics of the prior agreements, and the impact that
4 pages (1000 words) Essay
7. The prospect of Turkish membership in the EU has led to the emergence of increasingly stringent conditions for membership. Discuss
Accordingly, the European Union has evolved dramatically in the wake of the collapse of the Soviet Union and has recently undergone multiple stages of
8 pages (2000 words) Essay
Defining and Protecting Human Rights
Learning from Winston Churchill, the degree of how civilized a society is can be gauged on its treatment of its prisoners. Likewise, armed forces that are in conflict are bound to respect the rights of
14 pages (3500 words) Essay
Role of Stereotypes/bias in British Foreign Policy towards Russia
iate investigation towards this phenomenon, the research considers three case studies involving the Russia-Georgia conflict, the Russia-Chechnya conflict, and the Beslan Hostage Crisis, whereby both countries were involved. In the analysis of how the British Foreign Policy
48 pages (12000 words) Essay
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
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation