Academic journal article Chicago Journal of International Law

The Human Rights Act 1998 What It Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom

Academic journal article Chicago Journal of International Law

The Human Rights Act 1998 What It Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom

Article excerpt

The Human Rights Act 1998 What it Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom

Lammy Beron ed.

Kluwer Law International 1998

In 1950, eight European states signed the European Convention on Human Rights (ECHR), a treaty that codified numerous human rights and established procedures for individuals to seek relief from governmental human rights abuses. The United Kingdom, an original signatory, accepted the jurisdiction of the European Commission on Human Rights and European Court of Human Rights, and allowed its citizens to file human rights petitions before these bodies. However, Britain did not at the time incorporate the ECHR into its domestic law, and did not permit its own courts to enforce the Convention. The British resistance to the domestic incorporation of the ECHR changed in November 1998 when Parliament enacted the Human Rights Act (HRA).

In The Human Rights Act 1998, What it Means: The Incorporation of the European Convention on Human Rights into the Legal Order of the United Kingdom, editor Lammy Betton has compiled various analyses of the HRA's effect on human rights law in the United Kingdom. The book is based on papers presented at a 1998 conference held before Parliament passed the HRA. But it retains relevance two years later, because it addresses a number of unresolved issues about how British courts will interpret and enforce the Act.

The first half of the book focus on the theoretical background of the Act and the ECHR. These essays summarize and compare British and Continental judicial traditions. …

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