The Human Rights Act 1998

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The Human Rights Act 1998, under which rights are to be 'brought home' (1), incorporates the rights guaranteed by the European Convention of Human Rights 1950 into domestic law. It appears to raise issues in the UK concerning the separation of power, as it seems to provide the courts news powers that dispute Parliament sovereignty and the executive on a certain level. This essay is going to discuss the scope of the judiciary power through the content of HRA 98, then through the competing rights concerning privacy and press freedom and finally through the ones concerning fair trial and freedom of expression.

Section 3 of HRA 98 states that: 'So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the convention rights.' It applies to primary legislation and subordinate legislation whenever enacted. Also the duty is applied to all courts. This is a major change, as (the) judge's basic role was to interpret legislative statutes according to Parliament's will and no other authority.(2) Ghaidan v Godin-Mendoza (2004)(3) case deals with homosexual partner's right to inherit the tenancy of the deceased. Previous to the enforcement HRA 98, the judgment would have been similar to Fitzpatrick's case (4) that provides that in the Rent Act 1977, the definition of family do not include same-sex relationship. Thus, a homosexual partner is not consider(ed) as spouse or as part of the family, and can't inherit the tenancy of the deceased partner. But in the present case as the tenant died after the HRA 98 came into force, applying such a decision would have been contrary to article 14 of the Convention, when read along with article 8. Indeed, the sta...

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..." (2013). Georgetown Law Faculty Publications and Other Works. Paper 1168. accessed on 18/04/2014

HL Debates, Vol. 229, col. 638

Home Office, Rights Brought Home : The Human Rights Bill, Cm 3782

Press Gazette, 'Society of Editors: Paul Dacre's speech in full' (9 Nov 2008)< http://www.pressgazette.co.uk/node/42394>accessed on 20/04/14

TABLE OF CASES

Argyll v Argyll [1965] 1 All ER 611

Associated Provincial Picture House LTD v Wednesbury Corporation (1948) 1 KB 223

Attorney General v Davey; Beard (2013) EWHC 2317

Campbell v MGN Ltd (HL) [2004] 2 AC 457

Fitzpatrick v Sterling Housing Association [1999] 4 All ER

Ghaidan v Godin-Mendoza (2004) [2004] UKHL 30

Kaye v Robertson and Another (1991) FSR 62

TABLE OF STATUTES

European Convention of Human Rights 1950

Human Right Act 1998

Rent Act 1977

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