By Jonathan Cooper, Marshall-Williams

A useful compendium of the Parliamentary debates on the most a ways achieving items of laws this century - The Human Rights Act 1998. it really is crucial examining for these taking circumstances lower than the Act or attracted to the advance of human rights. in addition to starting up the Government's purpose for every part of the Act in an obtainable format,this booklet is additionally an exceptional learn. Key concerns contain: Pepper v Hart statements on interpretation of the Human Rights Act; Underlying rules of the Human Rights Act

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Legislating for Human Rights: The Parliamentary Debate on the Human Rights Bill (The Justice Seriesöputting Rights Into Practice)

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Extra resources for Legislating for Human Rights: The Parliamentary Debate on the Human Rights Bill (The Justice Seriesöputting Rights Into Practice)

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The Bill’s purpose is to give further effect in domestic law to those rights that the United Kingdom has an obligation under the Convention to secure to individuals [c. 1005] in its jurisdiction. The inclusion of Articles 1 and 2 of Protocol 6 within the Bill’s definition of the Convention rights would grant rights in this country that we are not, at present, internationally bound to secure. It appears to be an academic point and I do not want to go into angels dancing on pinheads, but it is an important part of the Government’s view that the Bill is about giving access to rights, rather than creating new areas of law.

582, col. 1272 Lord Cooke of Thorndon: It is a Bill whose significance extends even beyond the United Kingdom and Europe, for it signifies the adherence of the United Kingdom to the international movement towards the national codification of human rights: a movement which answers the aspirations of peoples and takes its origins from the aspirations of peoples. The very existence of such a movement may be seen to refute the arguments about handing political power to the judges, vague generalities and so forth, which a number of noble Lords have with no little vigour and even charm put to your Lordships today.

The sovereignty of Parliament should not be disturbed. Where the courts cannot reconcile legislation with Convention rights, Parliament should be able to do so—and more quickly, if thought appropriate, than by enacting primary legislation. Public authorities should comply with Convention rights or face the prospect of legal challenge. Remedies should be available for a breach of Convention rights by a public authority. We have brought these principles together into what your Lordships have, I think, generally agreed is a carefully constructed Bill.

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