Topic > Sources of law - 673

Human Rights Act 1998 and European Communities Act 1972 In the aftermath of the Second World War, many of the victorious Allied countries began to take measures to ensure cooperation in recovering from the war and to prevent the occurrence of a similar event in the future. In 1950, the United Kingdom helped draft the European Convention on Human Rights (ECHR) which establishes the freedom and rights of individuals. From 1966 but before 2000, British citizens could not bring legal action in UK courts for breaches of protected human rights. Rather, they had to file a legal complaint at the European Court of Human Rights (ECtHR) in Strasbourg. The first notable action to raise awareness of the need to introduce human rights in the UK was a document written in 1968 by Anthony Lester entitled Democracy and Individual Rights. Support for the incorporation of the ECHR has also been expressed by past and current judges, including Lord Bingham in his article, The Law Quarterly Review 1993. After the 1997 general election, the new Labor government introduced a White Paper entitled Rights Bought Home : The Human Rights Bill and Human Rights Bill 1997. Finally, the Human Rights Act 1998 was enacted and came into force on 2 October 2000. The Rights Act 1998 (also known as the HRA) sets out how the rights provided by the ECHR will be applied in the United Kingdom. Under section 2 of the HRA, any national court must take into account any judgment, decision, opinion or opinion of the ECHR to the extent that the court considers it appropriate that the matter in question is relevant for the purposes of the Convention. Article 3 of the HRA provides that all existing laws, whether primary or delegated law, must be interpreted, so far as possible, so as to give them a compatible effect...... middle of paper .... ..dern era. Where paranoia and broken trust often reign, fears of too powerful a government fuel arguments against the democratic system adopted in the United Kingdom. Judges are also not immune from scrutiny nor escape criticism, with critics pointing out that judges regularly overreach their rule by issuing new laws. Theresa May's vicious attack on the judiciary in 2013 is not a new event in history and will not be the last. International treaties and influence in the UK are strong and it has been at the center of much controversy since the European Communities Act 1972, although this act is likely to be repealed in the near future. The Human Rights Act 1998 should be well monitored and regulated so as not to raise unnecessary issues as it can be seen that the enforcement of this law is ideal for preserving human rights in the UK.