The Human Rights Act of 1998

Running head- HUMAN RIGHTS LAW
Human Rights Law
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Human Rights Law1
Abstract
“The Human Rights Act of 1998” is an integral part of the Constitution of U.K. It has
been efficiently used by the executive and the judicial bodies in order to determine the
situations that constitutes a breach or an infringement of the basic fundamental rights that a
person possess. “Section 3 and Section 4 of the H.R.A”. provides a structure that safeguards
the dominance of law that alternatively allows the courts in order to interpret the decisions or
the judgements following the Convention rights. It also notifies the Government in case of
any amendments as per required following the situations and the circumstances of a case.
This study aims to evaluate the method following which the law courts apply their
legislations.

Human Rights Law2
Table of Contents
Abstract......................................................................................................................................1
Introduction................................................................................................................................3
Case Study: R v. Secretary of State for International Development..........................................4
Interpretation of Section 3 of H.R.A..........................................................................................5
Limitations.................................................................................................................6
Interpretation of Section 4 of H.R.A..........................................................................................8
Limitations.................................................................................................................9
Conclusion................................................................................................................................10
Reference..................................................................................................................................11

Human Rights Law3
Introduction
The Human Rights Act 1998 (H.R.A.) is an essential measure of the Constitution of
the United Kingdom. It affects numerous ranges of the rule in the U.K. and on the activities
of entire communal forms. It delivers for larger directness and clearness in administrative
policymaking and actions such as a vital form on administrative control. It has been
acknowledged globally and castoff as an example for the “Charters of Rights” in other
dominions. Yet, in spite of its comparative simplicity, it is frequently misinterpreted and
altered. This controller to the “Human Rights Act” is envisioned to support legislators in the
considerate procedure for how the H.R.A. functions in preparation and the rights delimited
inside it means. The backgrounds of the H.R.A. elucidates its operations, to understand the
court procedures that use the Human Rights Act in various cases. H.R.A. shaped a native
structure of the safeguard of human rights that conserves the discrete part of the courts at the
equivalently safeguards the legislative control1. It influence the national guideline to the
fundamental rights and independences in the Convention. It makes presented in U.K. courts a
cure for the violation of the Convention right. It necessitates all communal establishments to
perform with the ECHR, given that a base for the expansion of a ‘human rights culture’ in
community facilities through the U.K. Section 3 and 4 of the H.R.A. deliver a sensibly
standardized system which conserves this dominion in rule whereas permitting U.K. courts to
construe the regulation reliably with the Convention moralities2. The primary aim of this
report is to evaluate the procedure in order for application of Section 3 and section 4 of the
1 Mowbray, Alastair. "Subsidiarity and the European Convention on Human Rights." Human Rights Law
Review 15.2 (2015): 313-341.
2 Shelton, Dinah. Remedies in international human rights law. Oxford University Press, USA, 2015.