This piece of research work is an attempt to analyze the changes brought by Human Rights Act in English law. This paper discusses the influences of Human Rights Act on business environment based on sources of English law and European Court of Human Right cases.
Chandler and Waud (2003) stated that The Human Rights Act 1998 gives ‘further effect’ to the rights and freedom that are guaranteed to all citizens by European Convention on Human Rights and Fundamental Freedom. More specifically, it doesn’t form or create any new statutory or law rights. It imposes duties on public authorities to act in any possible way that is compatible with Convention right (p. 419). The Human rights Act also imposes duty on tribunal to consider any relevant decision or advisory opinion of the European Court of Human Rights (ECHR) when determining issues in connection with convention right.
According to the Act, it is unlawful for any public body to act in any way which is not compatible with Convention rights. The Act also requires UK judges to consider decisions of the Strasbourg court and also to consider legislation as long as it is compatible with Convention Rights. The Human Rights Act is applicable to all public bodies in the United Kingdom like central government and local authorities. It has greater influence on private law legislation as well.
The Human Rights Act places duties on all courts and tribunals within the United Kingdom in order to interpret legislation in way that is compatible with ECHR. Whenever it is not possible to interpret an act in accordance with Convention, a declaration of the same must be issued by the court under section 4 and it must state how the legislation breaches human rights. It is illegal for a public authority to act in a way that contravene convention right and therefore public authority includes any other person who functions in functions of a public nature.
Betten (1999) emphasizes that the passing of Human ...
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