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What in your opinion, has been the most significant impact of the incorporation of Human Rights legislation into British law? (Paperback)
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What in your opinion, has been the most significant impact of the incorporation of Human Rights legislation into British law? (Paperback)
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Seminar paper from the year 2003 in the subject Law - Comparative
Legal Systems, Comparative Law, grade: 62%, Cardiff University
(Grossbritannien; Law School), course: English Legal System,
language: English, comment:, abstract: The most important piece of
British legislation with regard to Human Rights is undoubtedly the
Human Rights Act 1998. The Act, in force since 2 October 2000,
incorporated the European Convention on Human Rights1 into British
law and constitutes one of the most controversial legislative
creations enacted by the Westminster Parliament in its impressive
history. Rancorous opponents have described the Act as a "plot to
undermine Parliament and make Britain subservient to the European
Union," nothing more than a "complainers charter" and a "bonanza
for lawyers."2 Proponents counter and say that the 1998 Act will
advance the cause of liberty and check the power of Britain's
over-mighty executive.3 Whatever the reader considers to be true,
it is indisputable that the Human Rights Act 1998 is a huge
constitutional innovation with a crucial impact on Britain's legal
system. Consequently, the present Lord Chancellor, Lord Irvine of
Lairg, called it "a constitutional landmark" which "would be a
point of reference for generations to come."4 This essay will
identify and analyse the most significant affects of Britain's new
human rights legislation. For that purpose it is first necessary to
outline the historical development of human rights in the United
Kingdom and to describe how these rights could have been enforced
before the Human Rights Act 1998 came into force (Part A.) When
considering this, attention will also be drawn to Britain's
political environment and its role in the development of
international human rights instruments. Part B of this paper is
then concerned with the question, of the approach taken by the
British government in incorporating the ECHR, and how the concept
of the Human Rights Act 1998 works in practice. The most signi
General
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