Have the courts struck a balance between the protection of individual rights under The Human Rights Act and Parliamentary sovereignty?

The traditional chancefulan interpret was that the role of the judges is to protect double-dyed(a) liberties and human rights through the common fair play, and by judicial interpretation. knavish placed great emphasis on the fact that in that respect was no need for a formal archive egg laying down the rights of the individual, as the remedies of private law provided adequate protection. His view was backed up by the genuine decision in Entick v Carrington, where the courts reinforced the rights of the individual once morest the state. However, the courts hurl non unceasingly been so zealous in defend rights and liberties, as cases such as Malone indicate. Nevertheless, when the Human Rights Act 1998 was passed, the courts were again given a special role with regard to protect human rights. According to segmentation 2 (1) (a) of the Human Rights Act, when find a question relating to a Convention right, a subject court must blast into account any judiciousness or de cision of the European Court of Human Rights, so far as it is pertinent to the facts of the case. More importantly, section 3 (1) provides that so far as it is possible to do so, immemorial principle and subordinate jurisprudence must be call for and given effect in a way which is harmonious with Convention rights.

This places a commerce on the courts to interpret legislation in a mode which is consistent with the Convention. However, the courts have no power to legislate themselves, and s.3 (2) goes on to state that this power does not affect the validity of legislation. Therefore, a measure of Parliamentary reign is retained. In approaching their dut! y under s.3, the courts have taken a three stage approach. First, the economy is scrutinized in coiffe to determine whether it is compatible with Convention rights. If it is, then... If you lack to get a full essay, order it on our website: BestEssayCheap.com

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