Jump to content

Human rights act what a joke!


Recommended Posts

You are missing the point.

 

Al that is different is that it can now be applied by judges in this country. If a decision is made under the HRA now, the same decision would have been made by the european courts previously. The only difference is that there used to be an extra stage to get to the same result.

 

That's a jaw dropping over simplification. The Act made it illegal for public bodies to act in a way which is incompatible with the Convention, unless the specific wording of an Act of Parliament means they have no other choice. It also requires UK judges take account of decisions of the Strasbourg court, and to interpret legislation in ways which were compatible with the convention.

 

None of these duties or conditions applied before - it became the overarching principle which must be considered in all cases which was never the case before the act. The convention was simply considered if it did go to the court of human rights which is unusual, not in day to day British cases. It legislated so that every British law should take these rights into accounts and that they MUST be considered in ALL cases - not just human rights cases which was the case before the act.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.