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Human Rights in the UK before and after the Human Rights Act 1998, The…
Human Rights in the UK before and after the Human Rights Act 1998
The Status of the European Convention of Human Rights in the UK before the Human Rights Act 1998
before enactment of HRA 1998 what we now describe as the law on human rights was considered to be the law on civil liberties
liberties were residual
UK one of first countries to ratify ECHR when created in 1953
UK citizens unable to take case to ECtHR until 1966
ECHR not formally incorporated into law in UK until HRA passed in 1998
since 1996 everyone protected by Convention
laws in UK had to comply with ECHR
claims of a violation of rights could be taken to ECHR
Government ministers + Parliament required to consider compatibility of proposed new legislation with ECHR
courts required, when interpreting unclear or ambiguous statutory or common law, to attempt to adopt interpretation consistent with UK's obligations under ECHR
in any case bought after 1966, where UK found by ECtHR to be in breach of ECHR, UK obliged to change the law to eliminate incompatibility
Effect of decisions of ECtHR after 1966
where UK found by ECtHR to be in breach of ECHR, UK invariably changed law to eliminate incompatibility
Sunday Times v UK
as result of decision, Parliament passed Contempt of Court Act 1981 which created new set of laws covering contempt of court
more weight to freedom of expression of newspapers + media in general
publication can only be prevented where justice would be seriously impeded or prejudiced
media prohibited from publishing info that will prejudice ongoing legal cases + jury trials
Malone v UK
Government reacted to decision by introducing Interception of Communications Act 1985