Repeal Of The Human Rights Act Essay

1966 Words8 Pages
The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence. A. The Treatment of Basic Liberties prior to the HRA 1. Prior to the introduction of the HRA, the basic liberties of British subjects were essentially protected under the common law in many cases, or otherwise, incidentally as part of a differently focussed legislative regime (eg criminal law’s treatment of the charges of murder, manslaughter as a protection of the right to life). 2. Following the Second World War, most European Governments executed the European Convention on Human Rights (ECHR) which was intended at the time, to be a joint statement of the respective countries’ commitment to the protection of certain fundamental human rights . The ECHR addressed basic liberties, such as the right to life, freedom from torture and slavery, freedom from religion and the right to a fair trial and came into force on 3 September, 1953 . 3. Following ratification of the ECHR, the campaign began for the recognition of the right of British citizens to take their cases before the European Court of Human Rights – ‘the right of petition’ and, as part and parcel of this, the recognition of the Court’s jurisdiction. This right accrued for the benefit of British citizens in 1966 . 4. In the ensuing decades, support gathered momentum for the express incorporation of the ECHR into domestic English law, with several attempts at the passing of Bills coming before Parliament between 1968 and 1991. 5. Ultimately, impetus for the concept of a domestically incorporated legislative regime reached its peak when in 1996, the Labour Party published an influential policy paper called “Bringing Rights Home”, proposing measures for the incorporation of the ECHR . 6. From its inception in 1951, the ECHR’s influence over the English
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