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Compose a 2750 words assignment on impact the human rights act 1988 has had in relation to the uk constitution. Needs to be plagiarism free!
Compose a 2750 words assignment on impact the human rights act 1988 has had in relation to the uk constitution. Needs to be plagiarism free! European Communities Act 1972(the ECA), which expressly gives legal effect to EC law has led to the creation of what has been described as “a new legal order4”, directly attacking traditional constitutional convention of national sovereignty5. Section 2(4) of the ECA provides that “any legislation passed or to be passed… shall be construed and take effect subject to” the enforcement in the United Kingdom of directly effective rules of Community law. Section 3 further provides for a direct duty for UK courts to determine questions of community law in accordance with principles laid down by the case-law of the European Court of Justice (ECJ).
The implementation of the HRA was heralded by the Lord Chancellor as having “a profound and beneficial effect on our system of law and government and will develop over the years a strong culture of human rights”.6 By implementing the ECHR into domestic law, the HRA clearly impacts and changes the constitutional landscape of the UK.
The Human Rights Act 1998 (HRA) incorporated the European Convention on Human Rights (ECHR) into UK law and the preamble to the HRA states that its purpose is to “give further effect to rights and freedoms guaranteed under the European Convention on Human Rights”. For the first time, the UK implemented a piece of legislation akin to a constitutional Bill of Rights, protecting essential human rights and freedoms7. Prior to 1998, there had been no British constitutional statement regarding basic human rights similar to those found in the constitutional provisions of other democracies8. This new human rights “Charter” now has a direct legal effect and protection in the UK.
The HRA has been labelled as one of the most important domestic legal developments for a generation9. Furthermore, section 2(1) of the HRA .asserts that “A court or tribunal, determining a question which has arisen in connection with a Convention right must take into account Convention rights” and any determinations by the European Court of Human Rights.  .
