The United Kingdom enacted the Human Rights Act 1998 to incorporate the provisions of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms into its national law. This Act has drastically changed the laws of the UK. Prior to the introduction of…
The courts in the UK are required to give effect to the provisions of the ECHR, which bestows new powers upon the UK judges. It also requires public authorities to comply with the provisions of the ECHR. In the area of employment law, the HRA focuses on unfair dismissal of employees. The present employment law is effective in protecting the interests of employees. However, in the wake of the HRA, employers would have to be more cautious in their dealings with their employees (Human Rights Act takes effect, 2000).
The Human Rights Act 1998 introduces several provisions that relate to employment law. The Act prohibits the unfair dismissal of employees. For instance, Eurostar, reinstated two female employees, it had dismissed for wearing trousers, due to the enactment of the Human Rights Act. The dismissal of female employees, on grounds of inappropriate dress, is generally on the basis of a substantial reason. This clause has been removed by the new Act. However, it does not provide any novel and enforceable rights to employees (Hirst, 2000, 3).
Some rights under the European Convention on Human Rights, such as the Article 3 rights that prohibit torture, or subjection to inhuman or degrading treatment, are absolute rights. Judges are required to maintain a balance between the rights and the responsibilities of individuals with regard to their commercial interests. Article 9 provides the right to hold religious beliefs. This is an absolute right; and individuals have the right to manifest their religious beliefs through worship, teaching, practice and observance. These activities can be conducted, either in private or in the public (Lammy).
Although it is absolute in nature, it has to be limited to ensure the interests of public safety and to protect public order. The rights and freedoms of people belonging to other religions have to be respected. As ...
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On January 15, 2009 Parliament published the Borders, Citizenship and Immigration Bill which “introduced a radical new approach to British citizenship that will require all migrants to speak English and obey the law if they want to gain citizenship and stay permanently in Britain.” (Christine- Lee 2009).
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.
Most of the defining tenets of professional tenets are largely reliant on the aspect of sincerity (Naagarazan, 2007). When considering the concept of professional ethics scholars have argued that it is basically a static concept that requires the dynamic and kinetic force of related concepts in order to make it functional and meaningful (Naagarazan, 2007).
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.
This is because the UK is only bound by the Convention under international law, but not domestically. With the passage of the HRA 1998 however, Convention rights have been domesticated and become part of English law to which courts are obligated to legally defer to in their decisions.
The incorporation of the European Convention on Human Rights will have an uncertain but undoubtedly significant impact on the English legal system.
Although there are limitations, it is expected that the Human Rights Act will have a significant impact on the English Legal System in relation to the concept of parliamentary sovereignty.
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.
The consequence of this theory is that the Judiciary and its components, the individual judges, can discharge their professional responsibilities without being subjected to any inappropriate influence by the Executive, the Legislature or any other source.
ere forced to directly approach the Human Rights Court at Strasbourg, however the Human Rights Act has introduced the facility of redress within national UK courts. Parliamentary sovereignty means that UK law can override international law2, however the introduction of the Human
Instead, it is a hodgepodge of statutes, case laws, miscellaneous rules all of which are in written form1. Treaties like the European Communities Act 1972, that had been incorporated into domestic law and termed as constitutional statutes are also part of the UK
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