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Essay / Research Paper Abstract
A paper which looks at the impact of the Human Rights Act 1998 on parliamentary sovereignty, and the way in which challenges to incompatible legislation will be dealt with by the courts. Bibliography lists 4 sources
Page Count:
5 pages (~225 words per page)
File: JL5_JLhrparl.rtf
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Unformatted sample text from the term paper:
made by Lord Hoffman, in relation to the differences between political and legal constraints on Parliament, refers to the discrepancy between national sovereignty and the requirement to adhere to international
legislation on human rights. It makes the point that even though a sovereign parliament need only act within the parameters of political, rather than legal, restrictions, to do so would
mean that such actions must be carried out with full knowledge of the possible political repercussions: in other words, should contravening human rights be contrary to the will of the
people, then the democratic process might well result in a change of government, as well as having a serious impact on the countrys political relationship with other nations. In addition,
as Lord Bingham (2004) points out, the relationship between Britain and the EU means that even the House of Lords judiciary is required to look towards the European Court as
a final arbiter, since domestic law must be enacted through the provisions of the ECHR.
Now that the 1998 Act is in force, it is possible to consider in practice whether or not Lord Hoffmans statement was accurate, in the
light of current interpretations of the Act. The Lord Chancellor (2004), speaking in 2001, sees the Act as a highly positive addition to the British parliamentary structure, rather than antagonistic
to it. He points out, for instance, that it is somewhat ironic that Britains "fifty-year long failure to incorporate the Convention into . . domestic law now seems extraordinary
compared with the crucial role that Britain played in its conception and drafting" (Lord Chancellor, 2004, PG) and attributes this discrepancy to two major causes.
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