Complete 14 page APA formatted essay: Public Law 3.However, the so called judicial power in re the HRA is not as ideal as it would seem with respect to existing primary legislations because even if th

Complete 14 page APA formatted essay: Public Law 3.

However, the so called judicial power in re the HRA is not as ideal as it would seem with respect to existing primary legislations because even if the courts can declare it as incompatible with convention rights, it is at the pleasure of the Parliament to revoke, modify or alter that legislation. The judicial power to declare incompatibility with convention rights therefore does not subsume the power to strike down primary legislation (Wright 2001 p 15).

The HRA, in effect, pits entities called public authorities vis-à-vis convention rights, and determines if the former have committed acts that violate the convention rights of the latter. The impact of the HRA is that it compels local courts to take into consideration the decisions of the European Court of Human Rights in Strasbourg concerning cases involving the HRA rather than the usual reliance on their own precedents. Previously, the courts were under no compulsion to religiously follow the ECPHR provisions. This is because the act of the state in entering into an international treaty cannot and does not affect a state’s domestic law. In fact the ECHR played only a secondary role in court decisions prior to the HRA. This court perspective was illustrated by Lord Denning when he remarked: “The Convention is drafted in a style very different from the way in which we are used to in legislation. It contains wide general statements of principle. They are apt to lead much difficulty in application because they give rise to much uncertainty. […] So it is much better for us to stick to our statutes and principles, and only look to the Convention for guidance in case of doubt” (Faulks & Warnock 2008).

The English courts however, did not totally discount the ECHR provisions prior to its incorporation into domestic law. In one of the cases, Lord Bridge remarked that “it is well settled that that, in construing any