Essay about The Human Rights Act

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The Human Rights Act The Human Rights Act of 1998 is an act of parliament from the United Kingdom, which received the royal assent on the 9th November 1998 and came into force on the 1st of October 2000. The reason for this delay was so that the courts throughout the hierarchy, from the magistrates all the way up to the House of Lords could be adequately trained in the ramifications of the Act. The aim of this act was to incorporate rights that were available within the European Convention on Human Rights and …show more content…
To define a victim under the act can be done in the following ways:

* An individual who has been affected or is at risk of being directly affected by something done by a public authority;

* An organisation, interest group or trade union, but only if it is itself a victim;

* A relative of a victim if the complaint is about the death of a victim;

* An individual or company who case could be heard by the European Court of Human Rights in Strasbourg. (www.courtservice.gov.uk)

Powers that are passed to the courts because of the act are in two forms, fault in primary legislation and fault in secondary legislation. If a case is bought and a piece of "primary legislation", i.e. an Act of Parliament, is found to be in conflict with the convention then the court will issue a "declaration of incompatibility". The law in question is not immediately taken off the statue books, although ministers are given an opportunity to amend or revoke the law in Parliament. If ministers fail to take such remedial action, the complainant could then take the case to the European Court, which has the authority to force a change in the law. Fault in secondary legislation is if an incompatibilty is found between the convention and rules and regulations drawn up by public bodies

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