Human Rights Act

STATE OF AFFAIRS BEFORE THE HUMAN RIGHTS ACT

Although British natural police forceyers were underlying to the drafting of the convention, the convention was not made part of the interior(prenominal) law: it was thought that the common law provided adequate fortress for rights and liberties. The consequence of non-incorporation was that the convention could not be directly compel in English courts. In R v monument of State for the Home Department (1991) the Court of Appeal distinguishable that Ministerial directives did not have to be construed in business enterprise with ECHR as doing would amount to introducing ECHR into English law without the necessary legistation. The hence Lord Chief Justice Lord Bingham and most members of the judgeship were in support of incorporation the following unpalatable consequences of non-incorporation:

a) Citizens desire remedy for breach of right protected under the ECHR had to go through the tortuous journey of applying for the case to be perceive at the European Court of Human Rights in Strasbourg
b) The growing resentment among the Judges of having to make decisions in line with the UK law which they know fully well would be overturned on appeal at the European Court.





The courts realising that they were not completely indentured in deciding cases in presumed ignorance of ECHR did what they could in making decisions in line with the convention. For example where domestic statute is enacted to fill ECHR or where the common law is uncertain, unclear, incomplete and ambiguous, the courts ruled wherever potential in manner which conformed to ECHR. Lord Bingham was once quoted in a Grey Memorial Lecture in 1998 as expression through some of the decisions by the courts the convention has made a clandestine entry into the British law by the spine door, being forbidden entry through the front door.

The moderateness why the Convention was not incorporated into the domestic law was the strong view of the Conservative party which was in forcefulness then that such incorporation was undesirable and...If you want to break down a full essay, order it on our website: Orderessay



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