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Essay / Research Paper Abstract
This 6 page paper considers the following quote by Lord Hoffman and discusses how if it is still accurate now the Human Rights Act 1998 is in force; ""Parliamentary sovereignty means parliament can, if it chooses, legislate contrary to fundamental principles of human rights. The Human Rights Act 1998 will not detract from this power . The constraints upon its exercise by parliament are ultimately political , not legal . but the principle of legality means that parliament must squarely confront what it is doing and accept the political cost". This paper refers to English and SCottish Law. The bibliography cites 4 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEHRsovern.rtf
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Unformatted sample text from the term paper:
. The constraints upon its exercise by parliament are ultimately political , not legal . but the principle of legality means that parliament must squarely confront what it is doing
and accept the political cost " Lord Hoffman in R V Secretary Of State For The Home Department Ex Parte Simms 1999 The quote appears to indicate that
the court of appeal believed that parliament could legislate in contravention to human rights, with or without the Human Rights Act 1998 being in place. This above quote comes form
a case where prisoners were seeking a judicial review when denied access to an oral interview with journalists. The denial was based on legislation in the form of the Prison
Act 1952. The actual case is interesting but the concept is fundamental to the way in which parliament can be seen to operate and legislate. With the Human Rights Act
now in place we can re-examine the concept that Lord Hoffman expressed regarding the sovereignty of parliament. Even with this supremacy expressed Lord Hoffman argued that although parliamentary sovereignty
would tae precedent, it could not take away human rights with ambiguous or general words, as such there is a basic assumption in law, unless there is an express and
specific words that allow for human rights to be undermined. However, this case was heard before the Human Rights Act it refers to and as such this assumption of that
the supremacy of parliament need to be revisited in the light of this act which brings the European Convention of Human Rights into the UK statute book. There is,
and has in the past prior to the Human Rights Act, been the assumption that there are limits to the legislative power as otherwise it is contradictory to the rule
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