To what extent has the Human Rights Act 1998 fully implemented the European Convention on Human Rights into the UK legal system?
To what extent has the Human Rights Act 1998 fully implemented the European
Convention on Human Rights into the UK legal system?
The objective of this written assignment is for the candidate to provide a
comprehensive description of the extent to which rights granted under the European
Convention on Human Rights, (“the ECHR”), have been incorporated into UK law by
virtue of the Human Rights Act 1998, (“HRA 1998”).
You should provide a comprehensive description of the ECHR. In particular you
should provide a descriptive analysis of the nature of human rights provided by the
Convention. It might be helpful to explain the difference between absolute, limited
and qualified rights. Your assignment should mention at least three of the
Convention rights – There is no need to provide details of all the rights indicated in
the Convention and indeed you should be aware of the overall word count
parameters of the assignment. It might also be helpful to provide a brief description
of how the ECHR came into existence, the role of the Council of Europe and the
function of the European Court of Human Rights, (“the ECtHR”). However, you
should remember that this is a law assignment and not a historical and/or political
assessment. You should therefore avoid providing a detailed historical description
and you should avoid political analysis.
You should also provide an analysis of the HRA 1999. It would be helpful to provide
a description of the main provisions of this statute and how the HRA 1999 has
implemented Convention rights into UK law. You should provide a description of the
impact of the statute on domestic law and in doing so you should also provide
examples from the numerous case law that is available. You are additionally
expected to provide a conclusion which addresses both parts of the question and
assesses whether the Convention has been fully implemented into UK law.