Arguments Considering Whether the courts have Made any Efforts to enforce the Human Rights Act

2043 Words 9 Pages
This piece of essay is primarily focused on arguments considering whether the courts ( here the UK courts) have made any efforts at all to enforce the Human Rights Act at the domestic level that is to “bring rights home”. However, there have been diverse views on this issue drawn from academic writings and judicial decisions. These would be examined in the essay. The Human Rights Act 1998 (HRA) was passed to protect and to promote the rights and freedoms of individuals. Does this mean that without the Human Rights Acts, individuals may not have any rights or rights protection at all?. Certainly not. Before the Human Rights Acts 1998 was passed, there were already rights which accrued to …show more content…
The act was rather seen as a service than a function. Thus the plaintiff’s claim failed . It seems that the judiciary apply a rather restrictive in enforcing the human rights law towards the private sphere. Rather than apply a functional approach, the courts are seen to apply an institutional approach. The courts may be questioned as to the means they have adopted to the enforcement of human rights. The questioning here may arise due to changes which have occurred as a result of evolution in the society. Due to changes in the society, applying out-dated techniques or certain principles to enforcing the rights of individuals would rather hinder than promote the enforceability of rights. Its quit unclear why the courts give section 6 HRA a narrow approach. However, to identify which body may be categorized under section 6 of the HRA, it applies an institutional approach rather than a functional approach. This application may be questioned. In the sense that public bodies have the duty/function to protect and promote rights of individuals, so applying an institutional approach rather than a function approach here may be seen as not reasonable. By applying a functional approach to Human Rights related issues, it would help the courts ensure that public bodies perform their

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