In November 2000, the European Convention on Human Rights was incorporated into the UK law through the Human Rights Act of 1998. The Human Rights Convention came into effect in 1953 and was technically ratified by the UK in 1966 when it recognised the compulsory jurisdiction of the European Court of Human Rights . The Convention outlines fundamental human rights, including: right to life, freedom from torture and inhuman or degrading treatment, freedom from slavery or forced labour, freedom of the person, right to a fair trial, prohibition of retrospective criminal legislation, right to privacy, freedom of conscience, freedom of expression, freedom of assembly, and the right to marry.
The rights outlined by the Convention are to be guaranteed to every citizen without discrimination based on gender, race or ethnicity, colour, religion, language or cultural background, nationality, social status, political opinion, association to a minority group, age, and so on. Enacting the Human …show more content…
Thus, the courts have the constitutional role as well as duty of ensuring that the rights of individuals living in the UK are not abused by the unlawful practices of those entrusted with public offices and duties, including the executive. The Human Rights Act of 1998 ensures that any individual whose constitutional right has been abused by the government can take such dispute before a local court to be determined by independent judges. According to Lord David Neuberger , the role of the courts has become particularly very important since the Human Rights Act of 1998 came into effect. For example, although judges cannot overrule the legislature, if a statute enacted by Parliament is not in accordance with the Convention, then the courts (or judges) are mandated under Section 4 of the Human Rights Act to declare the statute incompatible
The rights outlined by the Convention are to be guaranteed to every citizen without discrimination based on gender, race or ethnicity, colour, religion, language or cultural background, nationality, social status, political opinion, association to a minority group, age, and so on. Enacting the Human …show more content…
Thus, the courts have the constitutional role as well as duty of ensuring that the rights of individuals living in the UK are not abused by the unlawful practices of those entrusted with public offices and duties, including the executive. The Human Rights Act of 1998 ensures that any individual whose constitutional right has been abused by the government can take such dispute before a local court to be determined by independent judges. According to Lord David Neuberger , the role of the courts has become particularly very important since the Human Rights Act of 1998 came into effect. For example, although judges cannot overrule the legislature, if a statute enacted by Parliament is not in accordance with the Convention, then the courts (or judges) are mandated under Section 4 of the Human Rights Act to declare the statute incompatible