The Human Rights Act 1998 and Parliamentary Sovereignty in the UK
VerifiedAdded on  2022/12/27
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AI Summary
This report provides an in-depth analysis of the Human Rights Act 1998 (HRA) and its intricate relationship with Parliamentary Sovereignty in the United Kingdom. It begins by outlining the significance of the HRA within the UK's constitutional framework and its role as a check on executive powers, emphasizing its alignment with the European Convention on Human Rights (ECHR). The report explores the historical context of the ECHR, its adoption by the UK, and the subsequent enactment of the HRA 1998 to incorporate ECHR provisions into domestic law. The main body of the report delves into the potential threats to Parliamentary Sovereignty posed by sections 3 and 4 of the HRA, which grant the judiciary the power to interpret laws in accordance with the ECHR and issue declarations of incompatibility. It examines the extent to which these powers challenge the traditional supremacy of Parliament, particularly concerning the interpretation of laws and the issuance of declarations of incompatibility. The report concludes by summarizing the balance between individual rights, parliamentary authority, and judicial interpretation under the HRA, emphasizing that the judiciary's powers do not undermine the supremacy of the parliament as the ultimate law-making body, but rather it establishes a framework for the judiciary to interpret laws and issue declarations of incompatibility.
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