The Human Rights Act ( Hra ) Essay examples

1500 Words Jan 11th, 2016 6 Pages
The Human Rights Act (HRA) is argued to be a fundamental instrument in the United Kingdom’s (UK) constitution. It allows the rights and freedoms of the individual to be protected from the state within Domestic Courts. The Act has been under h scrutiny for decades surrounding the conflicts that it poses on the UK’s unwritten constitution and the fundamental doctrines of Parliamentary sovereignty, Separation of Powers and the Rule of Law. Due to this, there have been proposals made by many political parties over the years to abolish the HRA and replace it with a British Bill of Rights (BBOR). However, the Act has become entrenched in the UK’s legal system even prior to the enactment of HRA in 2000, highlighting the issues that would be posed if these rights were interfered with and the effect it would have on the European Conventions of Human Rights (ECHR). This essay will discuss the impact of the HRA within the British constitution, the possible needs for reform and whether the proposal for a BBOR made by the Conservative Party to “Protect the Human Rights of the United Kingdom” does in fact protect the rights of the individual or the state.

There has been a long history of Human Rights within the UK’s constitution, before the creation of the HRA and the European Convention of Human Rights (ECHR). The mechanism was introduced through the creation of the Magna Carta in 1215, which introduced the concept of habeas corpus and trial by jury. The English Law System…

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