Role of Courts in Human Rights Protection: Human Rights Act 1998

This essay critically assesses the role of the courts in the protection of human rights based on the Human Rights Act 1998 in the United Kingdom. It examines how the Act integrates the European Convention on Human Rights into UK law, enabling domestic courts to address human rights violations without needing to resort to international courts. The essay discusses the three main functions of the Human Rights Act: ensuring UK laws are compatible with human rights, obligating public authorities to act in accordance with human rights, and allowing individuals to seek legal recourse in domestic courts when their human rights are at risk. It also explores the concept of ‘legal dialogues’ between courts, where decisions from other courts are cited to provide better grounds for legal decisions, especially in complex human rights cases influenced by moral, technical, social, or practical changes. The essay further evaluates whether the courts’ powers under the Act are ‘unconstitutional’, considering the balance between public interest and individual rights, particularly concerning privacy and freedom of expression.

Running head: ESSAY 0
human rights law
JANUARY 9, 2019

ESSAY 1
The human right is the fundamental right and independence that relate to every person
everywhere in all over the world, from starting to the end. They apply nonetheless of where
an individual is make, what is deliberated by the individual, or how an individual select to live
the life. They would never be involved; however, they can sometimes be restricted, for an
instance if a person breaches the law, rules, and regulations, or in interest of national
security. These basic rights are depended on the shared value like self-respect, objectivity,
equality, esteem, and independence. These beliefs are well described and protected by
laws, rules, and regulations. In United Kingdom, the human rights are secured by the Human
Rights Act 1998. The aim was to include in United Kingdom law the rights covered in
the European Convention on Human Rights. The Human Rights Act 1998 creates the
remedy for the violation of the agreement rights available in the court of United Kingdom,
without any requirement to go to the human rights courts1. In the following parts, the role of
the courts in the security of human rights on the basis of Human Rights Act 1998 is critically
discussed and examined.
Addressing the Human Rights Act 1998 meant that court of the United Kingdom could look
at the European Court Human Rights. The Human Rights Act 1998 took the rights home,
and countless daily orders such as domestic violence matter above, creating United
Kingdom better without expensive procedure of courts. The Human Rights Act works in three
main ways-
1. All laws of United Kingdom must be harmonious with human rights as per the Human
Rights Act 1998
It means that whether making the new laws or relating the human rights of old people must
be measured. In this manner, the Human Rights Act 1998 respects the democratic
procedures and the legal doctrines. This admires the legal principles of parliamentary
dominion that means if law is mismatched with the human right, this is the duty of
management and the assembly to determine whether to reconsider at the issues. The court
1Michael Freeman, Human rights. (John Wiley & Sons, 2017)

ESSAY 2
of United Kingdom does not have the powers or the authorities to undermine the laws and
Parliament Acts2.
2. Communal authority has the legal obligation to act compatibly with the human rights
in all authorities ensure
In the simple meaning, the legal obligation refers that these officials should respect, secure
and accomplish the human rights of people in the work, involving supply of the services,
procedures, decision-taking and so on. This obligation contains the federal government and
the communal consultants, which persons communicate with each day, involving the
institutes of state, NHS clinics, common assemblies, police officer, caring home and other
common services. It is significant because this creates the differences for daily life of people
and without going to the courts3.
3. In the case where the laws or public official risks the human right any individual may
now ask court of United Kingdom and tribunal to consider the circumstances-
It means that an individual may go to the domestic courts and ask them to look at whether
the human rights are at risks or have desecrated4. Applying does not mean this would
develop to the judicial matter, the court would first determine if this is allowable. Before the
Human Rights Act 1998, the court of United Kingdom may not determine the challenges;
individuals had make efforts and go to the ECHR5.
The Human Rights Bill required stabling the independence of the parliament and the proper
security of the rights, depending on the legitimate remedies and governmental remedies for
the offenders of the contraventions. At the same time as the possibly main constitutional
effects and legal effect of human rights bill that created it extremely debated from starting in
the media, were partially concealed by extremely‐practical enlisting, member of both houses
2 Amartya Sen, "Elements of a theory of human rights." In Justice and the Capabilities Approach, pp. 221-262.
(Routledge 2017).
3 David Forsythe, Human rights in international relations (Cambridge University Press, 2017)
4 Mikael Ras Madsen, "The challenging authority of the European Court of Human Rights: from Cold War legal
diplomacy to the Brighton Declaration and backlash." Law & Contemp. Probs. 79 (2016): 141.
5 Mark Tushnet, "New forms of judicial review and the persistence of rights-and democracy-based worries."
In Bills of Rights, pp. 265-290. (Routledge 2017).

ESSAY 3
were completely conscious of the scale of effects of the bill. Scrutiny was particularly
rigorous regarding the influence of decision of European Commission and Court of Human
Rights on local courts particularly in respect of Strasbourg organs' view of European court of
human rights as developing instrument, position of specific interest groups like reporting and
spiritual companies, new obligation of local court to understand regulation so far as possible
compatibly with human rights and the powers to create statement of unsuitability must that
demonstrate unbearable, and parliamentary scrutiny of regulations to remedy
inconsistencies. Certain concerns have showed well originated, and political argument has
not reduced from year 1998, partially because of discriminating worry with methods to
conflict terrorism from year 20016.
Every court has significant part in securing the human rights in continually varying situations.
Frequently, they do so by citing and involving with decisions of others – an occurrence that
has created ‘legal dialogues’. When facing the complex matter, the court may cite the
decisions created by new court and in this way involve with the opinions in the reasoning for
the personal ruling. It is considered as legal dialogues. The legal dialogues may either be
parallel, between various local courts – for an instance, German Constitutional Court and
Norwegian Supreme Court, or perpendicular, between foreign courts and central court, such
as between ECHR and Norwegian Supreme Court.
The Human Rights Act 1998 provides the influence to human rights set in the ECHR. It is
said by the Human Rights Act 1998 that each court in United Kingdom should implement the
law in the manner, which esteems the human rights, to the extent that it is conceivable. it is
the liability of the House of parliament to make the laws in the United kingdom. When
Parliament does not consider the Human Rights Act at the time of making the laws, rules
and regulations. It means that it may create the laws, rules, and regulations that go against
or are mismatched with the Human Rights Act 1998. The rules and regulations created by
the Parliament are also referred as the Acts of Parliament. It is required by the court to apply
6 Jane Wright, Tort law and human rights. (Bloomsbury Publishing 2017).

ESSAY 4
Parliament Acts even if they do not follow the human rights. However, Court of Appeal mat
note the laws are mismatched with the Human Rights Act 1998. It is considered
as announcement of unsuitability7.
It is required by the courts to provide better grounds for the decisions to be legal. Because of
this, it is very useful for the court to aspect at what another court had done in the same
matters. It would assure again both people openly influenced by the decision and people
generally, which magistrates create this decision after cautious deliberation of the related
opinions where all possible resources of information have considered in the account. Every
so often, this complex matter comes up in the field of human rights law, which are influenced
by prompt moral, technical, social, or practical alterations and the expansions8.
As per the Human Rights Act 1998, the legal dialogues with local courts is therefore a device
for the human rights court of Europe, which has the potential to reinforce the human rights
at the local level in the supportable style9. It targets at the enhanced improvements of local
arrangement for the human rights security, where local court works together with the ECHR
to secure the human rights. It is found that particularly the court of Germany has involved
more with Agreement and jurisprudence of the ECHR over the period, something which has
also supported role of the settlements in law10.
Further, the legal dialogues may either enhance or restrict the security of human rights.
There is no guarantee that the magistrates would always cite foreign or international
decisions that motivate the human rights security11. For the instance, federal courts
sometimes select not to follow more advanced foreign decisions. They use arguments with
reference to ethos, olden times or the basics of the constitution of related nation, thus
7 , Laurence Heifer, "Overlegalizing Human Rights: International Relations Theory and the Commonwealth
Caribbean Backlash Against Human Rights Regimes." In International Law and Society, pp. 125-204.
(Routledge 2017).
8Dinah Shelton, Remedies in international human rights law. (Oxford University Press 2015).
9 Moore, Adam, Intellectual property and information control: philosophic foundations and contemporary
issues (Routledge 2017)
10 Myres McDougal and Chen Lung-chu, Human rights and world public order: the basic policies of an
international law of human dignity. (Oxford University Press 2018)
11 Amartya Sen, Elements of a theory of human rights (Routledge, 2017)

ESSAY 5
securing the personal explanation of the human rights. However, most of legal dialogues do
make contribution to securing the human rights. This also motivates the establishment of the
shared knowledge of process of interpretation of same rights set in the foreign and local
human rights agreements in addition to the local constitution of the various states. It is also
found that the legal dialogue assists in deciding the worldwide principal of the human rights,
and the basic principle of human rights laws, which are then implemented by the various
courts12.
As per the Human Rights Act 1998, the court may create personal way of explaining the
conventions and may start to establish the distinguishing laws of Human Rights in United
Kingdom. It deliberates the events of claims of Human Rights Act 1998 in proceedings
related to judicial reviews. It compares the feedback methods of Human Right Act 1998 and
non-Human Rights Act matter resulting that there are less proves to give the suggestion for
addressing the Human Rights Act has led to a substantial increment in various claims
carried, notwithstanding the fixed year-on-year arise in various claims applied in the
managerial courts. It is developed that the Human Resource Act 1998 was referred in just
under partial civil claims from January 2002 to June 2002, though this diversed significantly
in accordance with the matters of applications. It is also considered that, in most of the cases
the argues of the human rights did not enhance suggestively to the cases or to the applicant
forecasts of the success13.
There are certain popular matters, which show that the court has not sacrificed the wide
public interest in respect of the rights of any person. Various matters include the
confidentiality of the public figures and create equilibrium that should be hit between the right
to respect for the personal or individual life in the Article 8. The Article 8 is all about the right
to respect for the personal life and domestic life, household and correspondence. Article 8
secures the right to privacy of an individual, and averts the common powers from interfering
12 David Richards, Sexual Autonomy and the Constitutional Right to Privacy: A Case Study in Human Rights
and the Unwritten Constitution (Routledge 2017)
13 Smith, Rhona, Textbook on international human rights. (Oxford University Press 2016).

ESSAY 6
excessively in the personal life of individuals. For an instance, Article 8 can be violated, in
certain matters, by subjecting individuals to investigation, or interrupting the phone call, or
publication of the newspaper accounts of the personal life. Article 8 also secures the rights to
household life, and refers that, for an instance, decision in respect of safekeeping, protection
or acceptance should consider the rights to household life of all these included. This also
secures the right of person to physical honesty, and the right to esteem for the household14.
The governments do not see success in issues in the court as slights to the constitutional
arrangement. The powers of court are unconstitutional as per the Human Rights Act 1998.
Furthermore, it is main thing to consider that What about at the time where the court
disagrees? In this situation, the government may decide to complex the decision of the court,
not as overthrows, nevertheless as step on the way to healthy supremacy. The working out
of Human Rights Act is not the barrier to better regulation, however the crucial factors in the
way to getting this. Consequently, where local decision go in against of the government, this
would request or appeal where the practical, and likewise wherever not. Parliament would
have to modify laws, rules and regulations, or it would achieve on and perform the
decisions15.
As per the above analysis, it can be concluded that the Human Rights Act 1998 created the
Act of Parliament in the manner which mismatched, enforced the courts be under the
obligations to understand the regulation in the manner that well-matched with the
agreements. It is also stated by the court how the European convention Rights in against of
the judgement. The European agreement on the human right states the fundamental
ideologies. The human rights Involved in the convention scope from fundamental guarantee
like the right of life and the right to not to be tortured, right for making sure that individuals
are provided the fair trial in the court, and to the securities for the confidentiality and free
14 Roscoe Pound, and DeRosa Marshall, An introduction to the philosophy of law. (Routledge 2017)
15 Finnis, Natural Law and Natural Rights, n.14, pp. 179-183.

ESSAY 7
appearance, and the security against the judgements or the decisions. Additionally, also the
executives are there to help involve with the assembly and the courts.

ESSAY 8
Bibliography
Secondary Sources
Books
Finnis, Natural Law and Natural Rights, n.14, pp. 179-183.
Forsythe, David, Human rights in international relations (Cambridge University Press, 2017)
Forsythe, David, Human rights in international relations. (Cambridge University Press 2017).
Freeman, Michael. Human rights. (John Wiley & Sons, 2017)
Heifer, Laurence, "Overlegalizing Human Rights: International Relations Theory and the
Commonwealth Caribbean Backlash Against Human Rights Regimes." In International Law
and Society, pp. 125-204. (Routledge 2017).
Madsen, Mikael Ras, "The challenging authority of the European Court of Human Rights:
from Cold War legal diplomacy to the Brighton Declaration and backlash." Law & Contemp.
Probs. 79 (2016): 141.
McDougal, Myres, and Lung-chu Chen, Human rights and world public order: the basic
policies of an international law of human dignity. (Oxford University Press 2018)
Moore, Adam, Intellectual property and information control: philosophic foundations and
contemporary issues (Routledge 2017)
Pound, Roscoe, and Marshall L. DeRosa, An introduction to the philosophy of law.
(Routledge 2017)
Richards, David, Sexual Autonomy and the Constitutional Right to Privacy: A Case Study in
Human Rights and the Unwritten Constitution (Routledge 2017)

ESSAY 9
Sen, Amartya, "Elements of a theory of human rights." In Justice and the Capabilities
Approach, pp. 221-262. (Routledge 2017).
Sen, Amartya, Elements of a theory of human rights (Routledge, 2017)
Shelton, Dinah, Remedies in international human rights law. (Oxford University Press 2015).
Smith, Rhona, Textbook on international human rights. (Oxford University Press 2016).
Tushnet, Mark, "New forms of judicial review and the persistence of rights-and democracy-
based worries." In Bills of Rights, pp. 265-290. (Routledge 2017).
Wright, Jane, Tort law and human rights. (Bloomsbury Publishing 2017).