The human rights act 98 and judges essay

Theological differences[ edit ] The legal and governing principles upon which the Islamic Republic of Iran is based differ in some respects from the principles of the Universal Declaration of Human Rights. Cairo Declaration on Human Rights in Islam Sharia law, as interpreted in the Islamic Republic and by many Muslimscalls for inequality of rights between genders, religions, sexual orientation, as well as for other internationally criticised practices such as stoning as a method of execution.

The human rights act 98 and judges essay

Hire Writer Section 3 of the Human Rights act has equally been center of controversy and light about various issues as who decides the extent to which the human rights stretch.

The human rights act expresses the human rights that are contained in the European Convention Jeeves on Human rights as part of the UK laws in three forms as follow: The UK laws should be interpreted in so far as possible to do so, to reflect the consideration for the human rights act.

If Parliament passes an act that is in contravention with the Human rights act, the courts have the mandate to declare such acts as unconstitutional.

However, no matter the court decision, the law will be valid and effective as the human rights law upholds the sovereignty of the parliament. Only by parliamentary amendments can change such a law be changed. This section gives the coots an advisory role on constitutionality of laws and acts passed by the parliaments.

Courts cannot block implementation of these laws and acts, even if it were in the interest of the people. Section 3 states that is considered unlawful for public authorities to act or make any decisions in contravention to the human rights.

The human rights act 98 and judges essay

This section is with exception of cases where there are statutory orders or duty to act as so. Those offended by these unlawful acts has the right to sue perpetrators of the breach or the law breakers themselves.

From the above paraphrases of the laws, it is evident that the law does not confer powers to the courts to repeal sections of the law considered unconstitutional. Other nations likethe United States and Germany in their Bill of Rights and Basic law respectively give courts such power.

The third section of human rights act is controversial as it acts in contravention with some of the other key UK conventions such as the European Communities act of liberty 80, As such, the UK courts, in interpretation of Human rights policies and questions, must make considerations for the European human rights court decisions.

Such considerations should only be made to the extent of their relevance. This statute allows the courts to make reference to decisions made in consideration to the international statutes that the UK is party to, and in this case, the European law.

However, this freedom is by choice of the judges to decide the relevant cases and their degree of relevance to cases being presented to them.

If it is not compatible with human rights laws, he or she reserves the right to advice on or make remedial orders regarding amendments before the bill is passed.

The Joint committee on Human rights is responsible for scrutinizing bills for their compatibility with the human rights. This body plays a crucial law in ensuring that accountability is upheld in decision making within government.


The role court plays is to interpret the law and advice amendments to the two bodies, the Joint committee on Human Rights and Parliament. In cases that require urgent intervention, the judges could advice the Minister to draft and issue remedial orders to amend the parts of a law that are in contradiction with the human rights act.

These remedial orders can then be tabled in both houses for approval. In cases that require extreme urgency, the remedial orders could set stage for interim orders which become effective on approval by parliament within parliamentary days, unlike the normal remedial orders that have to follow the parliamentary calendar.

The normal orders have to get a slot in parliamentary debates just like other issues of law making. The courts apply the section 3 of the human rights act through 3 forms of interpretation. Reading in means inserting words where they did not exist within a statute.

The human rights act 98 and judges essay

This form occurs when a judge finds that a certain condition is not provided within law, and in inhere analysis of international cases finds a similar situation within the European Union law, the judge will apply the case whenever and wherever it is relevant.

Reading out is applied wherever words are left out from a statute.

Human rights in the Islamic Republic of Iran - Wikipedia

Reading down is applied to suit a particular situation or portray a particular meaning.From to , Kofi Annan, the late United Nations Secretary-General, championed everything from stronger human rights and peacekeeping operations around the world, to revitalizing the UN itself by insisting on creating a new dynamic deputy chief role, an effective ethics office and the mantra of zero tolerance for sexual exploitation.

Vaclav Havel: Bruce Bawer has a fascinating essay on the life and achievements of Vaclav those who may not know, Havel was a playwright who gave up a potential life of privilege as a government-sponsored writer to become a leader of the dissident movement in Communist Czechoslovakia in the s.

[*]Associate Professor of Law, University of Tennessee. J.D. Yale Law School, ; B.A. University of Tennessee, I would like to thank Brannon Denning and Brooks Smith, who contributed excellent research assistance.

Human rights in the United States comprise a series of rights which are legally protected by the Constitution of the United States, including the amendments, state constitutions, conferred by treaty and customary international law, and enacted legislatively through Congress, state legislatures, and state referenda and citizen's initiatives.

The Effect Of Section 3 Hra Law Constitutional Administrative Essay. Introduction. In this essay I would first discuss the traditional approach judges used to interpret statutes, and then go on to discuss what is the effect of the Human Rights Act (HRA) in statutory interpretation.

The Human Rights Act of Essay - The Human Rights Act of came into power in October , and it represent an honourable epitome of ethical and moral ideologies.

An Essay on Crimes and Punishments - Online Library of Liberty