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Impact of Incorporation of European Convention on Human Rights into UK domestic law

Code: M58CLS

Task:

Essay on Impact of Incorporation of European Convention on Human Rights into UK domestic law.

Answer

1. Identification of the question and the legal areas that it covers 

Identify the extent to which the incorporation of the European Convention on Human Rights into UK domestic law has enhanced the protection of human rights at the domestic level and how it has managed to ensure the compatibility of domestic law with international human rights law. 

Therefore, it is to be noted that, as per the tenets of the case scenario, it can be said that, the question predominantly deals with the protection of the UK human rights after the existence of the Human Rights Act of 1998. It also denotes the effect and implications of the human rights law and the European Convention on Human Rights along with other International human rights law and treaties. 


Essay plan 

Introduction to the purpose of the act 

It is to be noted that, the primary purpose of the Human Rights Act of 1998 is to defend the law of common citizens of UK in UK courts and manages to compel public organisations, which includes the police, government and local councils[1]. On the other hand, in the context of the case scenario of Douglas v Hello!, it is also important to note that, the human rights law also helps the citizens to treat everyone in an equal manner with respect, fairness and dignity[2]. The human rights act can be used by any citizen who resides in the UK and can also be used by organisations in order to protect the rights, duties and code of practices within the premises of workplace scenario[3].


Traditional method of protection 

The facet of human rights that is contained within the tenets of the Human Rights Act is strictly based on the articles of the European Convention on Human Rights. 

Furthermore, it is also important to point out the definite areas that are essentially protected by the Human Rights Act. They are as follows:

  • Article 2: Right to life
  • Article 3: Freedom from inhuman behaviour and torture
  • Article 4: Freedom from forced labour and slavery 
  • Article 5: Right to security and liberty[4]
  • Article 6: Right to a fair trial 
  • Article 7: No punishment without law
  • Article 9: Freedom of thought, religion and belief
  • Article 10: Freedom of expression 
  • Article14: Protection of discrimination with respect to rights and freedom 
  • Protocol 1, Article 2: Right to education[5]


Principle of incorporation 

It is to be noted that, the standards that are associated with international human rights are essentially implemented domestically. They are intended to take a root through the definite processes that are related with domestic incorporation. It has often been found that, domestic incorporation often tends to trigger the facets of judicial application through communication processes and procedures. However, in the context of the case scenario, it has been found that, as per the basic features and tenets of domestic incorporation, the Court of Appeal stressed on the equal weighting that needs to be provided to both the rights and can be determined by the adoption of principles of proportionality. 


Analysis of the basic provisions of the act 

The House of Lords stated the fact that, the obligations that are extensively interpretive in nature can be placed in the UK courts under the jurisdiction of the Section 3 of the Act[6]. It can be applied only when there is not a single ambiguity[7]. It is the responsibility of the court to strive and find a possible interpretation that is essentially compatible with the European Convention rights. On the other hand, the Section 4 of the Act states that, if the UK court is satisfied with the provision provided and is incompatible with the tenets of the European Convention Right, then it is likely to happen that, the court will make an essential declaration of the incompatibility[8].

Thus, after this assessment and that of the case scenario of Douglas v Hello! it can be said that, primary violation of the Article 8 of the Human Rights Act took place. However, after the verdict, Douglas did not essentially establish clear guidance regarding the times that are associative of privacy interest in free speech[9].


Analysing the extent to which international human rights law has become central to the domestic law via incorporation 

The act however manages to provide further effect to the definite and assigned rights and freedom that are essentially guaranteed under the European Convention. Thus, the parameters are as follows:

  • The judges need to read and provide effect to the other laws that are existent in ways that are directly or indirectly compatible with Convention rights[10]
  • If the laws that are being acted on the basis of public authority, and does not attain compatibility in accordance with the tenets of the European Convention, then it will be considered as unlawful in the eyes of law. 

Therefore, in the context of Douglas v Hello, it can be stated that, since privacy breach took place in the scenario, and then it is evident that the tenets mentioned in the statute of the Human Rights Act has been violated[11]. On the other hand, it is also important to note that, the features of the international human rights law has become one of the central issue addressable to the tenets of the domestic law via the aspect of incorporation[12]


Aims and objectives

After the extensive assessment, the predominant aims and objectives of the essay are as follows:

  • Identification and explanation of the methods of protection and the deficiencies that led to the advent of the Act
  • Exploring the basic concepts that are associated with domestic incorporation of the Human Rights Act and the European Convention 
  • Examination of the incorporation of the Act and how it is associated with the suggestive part of the case scenario
  • Determination of the limitations of the Human Rights Law in the achievement of enhanced protection and compatibility[13]


2. Summary of the relevant resources 

After the extensive assessment, it is important to look after the basic tenets and facets that need to be taken into effective consideration. As per the article propagated by Brice Dickson, it states the jurisprudence of the House of Lords over the past few years. On the other hand, it also denotes the development on the law of equality, immigration and asylum. The article also propagates the extent to which the House of Lords have protected the rights and the projections that are associated with it. This article has gained significance, due to two specific reasons; the first being the fact that it is a journal peer reviews article and provides a vast literature on the facets and features that are extensively associative of human rights law and the jurisdiction of it[14]


On the other hand, it is also important to note that, as per the propagations of Human Rights and Civil Duties book, it can be stated that, in the viewpoint of Brady, the book manages to locate the enforcement of human and civil rights that are associated with the definite sections of the human rights law and their definite sections[15]. Furthermore, it is also important to note that, the book by Amos states the fact that, it provides an overview of the human rights law and basic implications on the UK performance in the legal aspect[16].  The book is also concerned with the key and procedural issues that are extensively predominant and are relevant in the Human Rights Act of 1998. On the other hand, it also comprises of the enlisted European Convention Rights that needs to be taken into effective consideration.  

Furthermore, the book on Human Rights Law Directions helps in the attainment of a proper understanding of the facets and tenets that are associated with the human rights laws. With the help of case extracts, the book manages to introduce key areas, which is convenient for the understanding of the definite sections of the act[17]


It is to be noted that, judicial reasoning is one of the major phenomenon that are extensively used in UK human rights law. However, the book on this topic has managed to locate the judicial decision making process that is extensively obtained under the Bill of Rights of UK. On the other hand, it can also be said that, the book also examines the modes of reasoning with the help of which the judges tends to seek the distinction between common laws, which are familiar and the statutory doctrines that are interlinked with the European Convention rights[18]


Furthermore, it is to be noted that, in order to attain the extensive information on the facets and features of the human rights law, Westlaw is being used for the sole purpose of gaining legal documents that are associated with the formulation and implications of the implications of Human Rights Act 1998. The research was further continues regarding the secondary resources along with primary resources. After the conduction of the research, it was found that, the analytical demonstration and the escalation of the determinants of the act were mentioned in a detailed manner. 


Therefore, after conducting the summary of the research, it can be effectively said that, the journal articles are all peer reviewed journal, which helps in the attainment of proper understanding of the topics and scenarios that are associated with the use of it. On the other hand, it is also important to note that, the articles, books and journals also helps in the key locating the topic, which the aspect of the international human rights and the formulation of the Human Rights Act 1998.


3. International Human Rights

It is to be noted that, the primary aim of the international human rights law is to design and promote the human rights that are associated with the domestic, social and regional levels. On the other hand, it can also be said that, the modern and definite legal and constitutional systems needs to be made ensured about the fact that, the human rights that are being promulgated needs to be propagated. Furthermore, the European Convention on human rights also tends to represent the major obligations in order to secure the tenets of it in the UK domestic law. Thus, from this assessment, it can be propagated that, the primary aim of the essay as per the tenets of the question, is to locate the extent to which the incorporation of the European Convention on Human Rights has managed to attain an extensive enhancement of the protection of the sections that are present in human rights. It also denotes the definite measures that are required ensure the definite compatibility and capability of the domestic law in association with human rights law.


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