Striking a Balance: Evaluating the Human Rights Act 1998 in Harmonizing ECHR Rights and Parliamentary Sovereignty
This analysis delves into the Human Rights Act 1998 and its dual objectives of making European Convention on Human Rights (ECHR) rights effective in the UK while preserving parliamentary sovereignty. Examining the Act's mechanisms, such as Section 4, it reveals how courts can declare incompatibility without invalidating laws, striking a delicate balance between human rights protection and parliamentary authority. Case examples illuminate the Act's impact on legislative amendments and its role in upholding fundamental rights.
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