The Human Rights Act and anti-terrorism in the UK: one great leap forward by Parliament, but are the courts able to slow the steady retreat that has followed? David McKeever Subject: Human rights. Other related subjects: Administrative law. Criminal law Keywords: Administrative law; Freedom of expression; Inhuman or degrading treatment or punishment; Terrorism; Torture Legislation: Human Rights Act 1998 Counter-Terrorism Act 2008 Terrorism Act 2006 Anti-terrorism, Crime and Security Act 2001 Terrorism Act 2000 European Convention on Human Rights 1950 art.3, art.10
Cases: A v Secretary of State for the Home Department  UKHL 71;  2 A.C. 221 (HL) A v Secretary of State for the Home Department  UKHL 56;  2 A.C. 68 (HL) Chahal v United Kingdom (22414/93) (1997) 23 E.H.R.R. 413 (ECHR) *P.L. 110 Its 10th anniversary in late 2008 drew many commentaries on the strengths and weaknesses, utility and purportedly harmful effects of the Human Rights Act 1998. The debate has continued into 2009, with discussion of potential repeal of the Act and/or the introduction of a Bill of Rights. This paper seeks to contribute to these debates, with a focus on one area of government policy which gained renewed emphasis shortly after the entry into force of the Human Rights Act, namely anti-terrorism. Legislative and other measures in the field of anti-terrorism regularly engage the provisions of the 1998 Act. It appears that the UK Government, in adopting anti-terrorism measures, frequently ignores the provisions and indeed goals of the regime it itself established a decade ago. The first section of this paper outlines the legal regime which the Human Rights Act (HRA) sought to establish. In sections two and three some general issues will be discussed, including the underlying problem of defining “terrorism”, and some notable aspects of the anti-terrorism regime introduced since 2000. While much debate on anti-terrorism legislation has focused on the deprivation of liberty,1 this article will instead consider in detail the right *P.L. 111 not to be subjected to torture or cruel, inhuman or degrading treatment, and the right to freedom of expression. It also examines whether the courts have been able to block, or even slow, the apparent retreat from the principles enshrined in the HRA. The significance of procedural obstacles, as well as the inherent weaknesses of the HRA regime itself, will be considered. This paper will conclude by outlining some practical implications of recent UK anti-terror legislation. The Great leap forward
The Purpose of the Human Rights Act
In Rights Brought Home, the White Paper with which the Human Rights Bill was introduced in 1997, the Government clarified the purpose of the legislation: “It will give people in the United Kingdom opportunities to enforce their rights under the European Page1
Convention in British courts rather than having to incur the cost and delay of taking a case to the European Human Rights Commission and Court in Strasbourg. It will enhance the awareness of human rights in our society. And it stands alongside our decision to put the promotion of human rights at the forefront of our foreign policy”2 Rights Brought Home also argued that the new legislation would lead to closer scrutiny of the human rights implications of new legislation and new policies.3 A leading role in scrutinising new legislation was to be played by the House of Lords/House of Commons Joint Committee on Human Rights (JCHR).4 Since the coming into force of the Human Rights Act in late 2000,5 domestic courts have frequently looked to the intentions of Parliament as an aid to interpreting the provisions and scope of the HRA, and have accepted that the purpose of the HRA was to give “domestic legal effect” to the UK's obligations under the ECHR.6 These obligations relate, of course, to the protection of certain, defined, human rights. It should be noted that the rights protected under the...
...The aim of this essay is to discuss the development of humanrights legislation and whether the HumanRightsActhas helped to protect the rights of British citizens.
The general aim of this essay is to;
1) To follow the development of humanrights legislation, from the end of World War 2, to the present day.
2) And how the HumanRightsAct 1998, has affected the lives of British Citizens, for example recently a law allowing terror suspects to be detained for up to 90 days without charge, but this was dropped as it was deemed to breach the rights of those being detained for such a long period of time.
After World War 2, appalled by the atrocities committed during the war, The United Nations adopted the universal Declaration of Rights in 1948. Although not legally binding, it urged member countries to promote certain rights contained within the declaration. The Universal Declaration was the first ever international, legal attempt to limit the behaviour of countries.
The Universal Declaration of HumanRights contains 30 articles. But the most important of these are articles are considered to be the following;
o The right to life, liberty, property and security of person.
o The right to...
...you are being asked to prepare a portfolio to showcase your learning. You will complete one artefact for each unit (see below). You will be able to put your portfolio together in the format of your chose (in paper or online). Be as creative as you like but please adhere to the word count guidelines.
Human activities affect the diversity of living things in ecosystems
Choose a recent newspaper article (within the past 3 years) that shows how humans impact the diversity of ecosystems. Summarize the article in 300 words and explain why you chose your article (be sure to include the original article as well).
Evaluate the importance of the sustainable use of plants to Canadian society and other cultures
Answer one of the following questions, by conducting research. Your response should not be longer than 250 words and you should provide appropriate evidence (by citing credible references):
How does the local food movement contribute to community development?
How does the re-introduction of native plant species along river banks help to prevent land erosion?
What plant species are considered important in sustaining Canada’s growth in the agricultural sector?
How are plants being used to clean wastewater from fish farms so that the water can go back into local streams?
The development and uses of technology to maintain...
...European Convention on HumanRights
The European Convention on HumanRights is a binding international agreement that protects the political and fundamental civil rights of human beings and their basic freedoms. The Convention was drafted in 1950 by the Council of Europe, and came into force on the 3rd of September 1953.
In 1951, the ECHR was not yet part of the British Legal System. In 1997, the Labour government introduced a bill into Parliament to incorporate the ECHR – creating The HumanRights Bill. It was only in November 1998 that the ECHR became part of British law. This entitled each person to the right of individual petition to the British courts, should they feel that any right in the Convention had been violated.
Unlike the Universal Declaration of HumanRights (adopted by the UN in 1948), the ECHR has been adopted by the Council of Europe and has been sanctioned by many countries.
Articles within the European Convention on HumanRights
The ECHR is divided into three sections, consisting of fifty-nine articles – and a further thirteen protocols (European Court of HumanRights – echr.coe.int website). Below I have highlighted some articles from the...
...Discuss whether the HumanRights succeeded in doing what it was designed to do
Prior to HumanRightAct 1998, European Convention HumanRights were not directly applied by the courts and while there were infringements of the rights enshrined in the ECHR an application have to make to the Strasbourg Court when domestic avenues had been exhausted. Therefore, HumanRightAct 1998 was incorporated in UK in 2000 to bring ECHR rights to the English law and to ensure that the public authorities have due regard for Humanrights. Undeniable, it has a substantial impact in UK as according to Jack straw “these are new rights for new millennium. The HumanRightAct is the most important piece of constitutional legislation the UKhas ever seen.”
However, we must also recognise that as a consequence of the incorporation of ECHR in English law, it had also led to some political tension between the Legislative and the Judiciary. Judges often being criticised that go beyond their constitutional role as a “interpreter” and hence violate the principle of parliamentary supremacy and Separation of power.
This is because the ultimate...
...The HumanRightAct 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to “give further effect” in UK law to the right contained in the European Convention on HumanRight. The Act makes available in UKcourts a remedy for breach of a Convention right, without the need to go to the European Court of HumanRight in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time.
In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. It also requires UK judges to take account of decisions of the Strasbourg. Court and to interpet legislatron,as far as possible, in a way which is compatible with the convention.However,if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is issue a...
...that specified the basic rights of the English people. However, in the year 1950, the United Kingdom Government signed the European Convention on HumanRights, to protect people’s rights from abuses seen under Hitler’s rule, following the Universal Declaration on HumanRights made by the General Assembly of the United Nations in 1948. Even so, the European Convention on HumanRights had not ratified and incorporated itself into law until 1998 when Parliament enacted the HumanRightsAct.
The HumanRightsAct 1998 states that when judges are deciding cases in which a question about a Convention righthas been brought forward, the court must take into account any judgment, decision, declaration or advisory opinion of the European Court of HumanRights. This means that instead of a conflicting decision by the United Kingdom court, the court must follow decisions of the European Court of HumanRights.
An example of this was seen in the case of Re Medicaments (No 2), Director General of Fair Trading v Proprietary Association of Great Britain (2001). The Court of Appeal had...
Freshman Research Paper
Have you been worked so hard for something that was a failure all along? Civilians living in China in the 1930’s were worked to absolute death in an attempt to have an economy to rival American economies. This was lead by the dictator (so to say) at the time. He tried to have small groups of communities which had worker, farming, and cooking groups to better the economy because it used less materials and money.
The GreatLeapForward was one of the world’s worst famines lead by Mao Zedong in an attempt to rival American economies in the 1930’s. All was going well for a couple weeks, and then the steel came into play. Mao had every man and boy working in the caves mining for steel. They found some and started smelting it. The steel was so under par that it was degrading at one of the fastest rates, breaking down as they were building with it, falling apart. When this happened, the economy began to crash; like the buildings with the steel in it.
” The Communist Chinese Party (CCP) was founded in 1921 by Mao Zedong, who adapted the principles of Karl Marx and the experience in Russia to conditions particular to China. Mao had come of age during the “first revolution” in China in 1912, an era in which the Nationalist (KMT) party unseated the 3,000 year rule of the Qing Dynasty and...
...divorces, signaling the end of women's’ oppression, which
had a large impact on society.2 The social changes by the CCP promoted equal rights for everyone
in the society, and also restored order, unity and stability in the country3, which undoubtedly
bettered the social situation in China both in the short-term and in the long-term. Therefore, it is
evident that from a social context, the changes initiated by Mao benefitted both China and the
The changes initiated by the CCP in the first Five Year Plan benefitted China economically
through heavy industry and developing agriculture, while also bringing political success to the CCP.
The changes caused the industrial output to significantly increase throughout the first FYP, as
evidenced by the fact that “by 1957 coal production had doubled and four times as much steel was
Stewart, Geoﬀ (2010) pg. 99
large impact of this change on society can be evidenced by the fact that “a rash of divorces follow[ed] the 1950
Sidel, Ruth. “Women and Child Care in China - A Firsthand Report”, 1972, Print
Stewart, Geoﬀ (2010) pg. 99
being produced as in 1952”4 . Additionally, China’s backward agriculture5 was revolutionized, with
mutual aid teams formed as part of Mao’s plan to transform the basis China’s economy from
Capitalism to Socialism (Source One). Evidently shown in Source Three, annual agricultural (grain)