Human Rights Law as a Control on the Exercise of Power in the UK

Naseem Khan, who graduated in July with an LLB (Hons) in Law, submitted his essay on Human Rights to E-International Relations and it has been published. 

The site states that it is ‘an open access website for students and scholars of international politics’.

Naz wrote the essay following the final-year module on Human Rights with Dr Damian Etone and Senior Lecturer Aidan Flynn. 

“The existence of human rights legislation is only as effective as the judicial institution that applies and interprets it.[6]  In the context of the ECHR, then, section 2 HRA 1998 sets out the obligation of the UK courts, requiring that they ‘take into account’ the jurisprudence of the European Court of Human Rights (ECtHR) when considering issues pertaining to ECHR rights.  Under section 3 HRA 1998, the courts must also ensure that domestic legislation is interpreted to ensure its compatibility with the ECHR, and may make a declaration of incompatibility if compatibility with the ECHR is not possible.  The core purpose of sections 2 and 3 HRA 1998 is to ensure that Parliament does not pass legislation that contravenes ECHR rights, and could, on this basis, be said to significantly strengthen the discretion of the courts when interpreting law.  However, there is no positive obligation imposed upon the courts to actually apply or follow ECtHR jurisprudence.[7]  They are instead expected to ‘ordinarily follow’ ECtHR decisions.[8] ” 

Congratulations Naz! You can access the full essay on the website here

Leave a Reply

Your e-mail address will not be published. Required fields are marked *