Essay on The Rights Act Of The United States

1432 Words Mar 30th, 2015 null Page
The Judiciary is the section of government which is tasked with interpreting laws passed by parliament. In the USA the constitution established the Supreme Court under article 3 of the constitution. It is the ultimate authority in constitutional interpretation and its decisions can only be overturned by a constitutional amendment. In the UK, a supreme court was established in 2009 to provide greater clarity in the UK’s constitutional arrangements.

In the UK, under the concept of Parliamentary Sovereignty, it is parliament which makes the laws but it is the courts who are tasked with interpreting them. Membership of the European Union allows the Judiciary to scrutinise domestic legislation to ensure it meets the requirements of European legislation and that it is not in conflict with it. In addition, the Human Rights Act requires that when courts are interpreting the legislation, they must do so in a way which does not lead people’s rights under the European convention to be breached. In addition, the courts now have a duty to develop common law, which is law which has been developed through decisions of the courts themselves, in such a way to ensure their decisions are compatible with convention rights. What is different from the United States is that if a law is an Act of Parliament, then the courts must still apply it as Parliament desires. However, the higher British courts have the power to issue what is termed ‘a declaration of incompatibility’. This can be issued by…

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