Evaluates the effectiveness of the Human Rights Act 1998 five years after its commencement. Explains the legislative intentions underpinning the Act and reflects on how well these have been achieved, using case law to demonstrate the courts' approach to such goals as: (1) improving compliance with human rights principles; (2) interpreting domestic legislation in a manner compatible with the Act; (3) imposing obligations on public authorities through the doctrine of horizontal effect; and (4) modifying the grounds of judicial review.
The European Conversion for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) is an international treaty of the Council of Europe. It was adopted in 1950, ratified by the UK in 1951 and entered into force in 1953. The unsual feature of the Convention, as an international human rights instrument, is that it provides a mechanism for individuals to enforce their Convention rights against state parties.
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Amnesty International welcomes the UK Government’s undertaking to incorporate the European Convention on Human Rights (ECHR) into domestic law, to put human rights at the heart of its foreign policy and to be guided by human rights principles in its treatment of asylum‐seekers, its policy on arms exports and its policy towards international development. This paper reviews the subject of international human rights standards and demonstrates their importance. It then offers advice as to the steps the UK Government should take in order to implement its undertakings in full. It comments on the significance of the incorporation of the ECHR into UK law and summarizes the state of the debate over whether or not there should be a Bill of Rights for citizens of the UK. It argues that the incorporation of the ECHR into UK law should be accompanied by the creation of a (UK) Human Rights Commission equipped with effective powers to strengthen human rights protection within the UK. It concludes with a list of specific recommendations pertaining to the UK Government’s conduct of international affairs.
Foreward Part 1 Introduction 1. Political Freedom in the UK 2. Auditing Political Rights and Freedoms Panel How to Use this Book Part 2. The UK's Arrangements for Protecting Political Rights Introduction The Three Pillars of Freedom Index Ensuring and Securing Democratic Rights 3. Government and the Parliamentary Watchdog 4. The Culture of Liberty 5. The Passage of the Criminal Justice and Public Order Act 1994 6. How the Courts Protect Political Rights 7. Equal Access to Political Rights Conclusions 'The British Way of Doing Things' Part 3. Political Rights and Freedoms - The Audit 8. The Ascendancy of Official Secrecy Freedom of Information 9. A Freedom too Governed by Law Freedom of Expression 10. The Residual Right of Public Protest Freedom of Assembly 11. The Mixed Record 12. The Chilling Effect of State Surveillance State Surveillance 13. The Use of Force, Arrest and Detention Life and Personal Liberty 14. Britain's Missing Voters The Right to Vote and Stand for Election Part 4. The Balance Sheet 15. Findings and Conclusions Appendix 1 The Democratic Audit of the United Kingdom Appendix 2 The ICCPR Appendix 3 the ECHR Table of Cases Human Rights Instruments Used Bibliography