Have the courts struck a balance between the protection of individual rights under The Human Rights Act and Parliamentary sovereignty?

The traditional chancefulan interpret was that the role of the judges is to protect cultured liberties and human rights through the common truth, and by judicial interpretation. flukey placed great emphasis on the fact that in that respect was no need for a formal muniment egg laying down the rights of the individual, as the remedies of private law provided adequate protection. His view was backed up by the unadulterated decision in Entick v Carrington, where the courts reinforced the rights of the individual against the state. However, the courts fill not unceasingly been so zealous in reason rights and liberties, as cases such as Malone indicate. Nevertheless, when the Human Rights Act 1998 was passed, the courts were again given a special role with regard to protect human rights. According to segmentation 2 (1) (a) of the Human Rights Act, when ascertain a question relating to a Convention right, a guinea pig court must blast into account any view or decision o f the European Court of Human Rights, so far as it is pertinent to the facts of the case. More importantly, section 3 (1) provides that so far as it is possible to do so, original principle and subordinate economy must be cross-file and given effect in a way which is compatible with Convention rights.

This places a commerce on the courts to interpret legislation in a mode which is consistent with the Convention. However, the courts have no power to legislate themselves, and s.3 (2) goes on to state that this power does not affect the validity of legislation. Therefore, a measure of Parliamentary reign is retained. In approaching thei r duty under s.3, the courts have interpret! ed a three stage approach. First, the economy is scrutinized in localise to determine whether it is compatible with Convention rights. If it is, then... If you lack to get a full essay, order it on our website: BestEssayCheap.com

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