Friday, July 26, 2019
The United Kingdoms constitution does not provide sufficient Essay
The United Kingdoms constitution does not provide sufficient protection for the right to protest in the streets. Discuss - Essay Example Over time, Parliament has passed several laws limiting the application of the sovereignty of the parliament. These laws are a reflection of the political developments within UK as well as outside of it. These laws include the transference of power to different bodies like the Scottish Parliament and Welsh Assembly, the Human Rights Act 1998 as well as UKââ¬â¢s entry to the European Union in 1972 and the decision establishing the Supreme Court in 2009 which ended the House of Lords role as UKs final court of appeal are all such developments in law that limit parliamentary sovereignty (www.parliament.uk, n.d.). All these measures and laws do not necessarily destabilize the principle of parliamentary sovereignty. This statement is based on the fact that the parliament can still at least in theory repeal any of the laws that implement these changes (www.parliament.uk, n.d.). However, since UK became a signatory to the convention, it was held in to R v. Secretary of State for the Home Department ex p. Brind 1991 that Parliament must enact laws that are in conformity with the Convention and an Act of Parliament must be interpreted or construed in line with the Convention. The Human Rights Act 1998 is also known as HRA and it came into effect in the United Kingdom in the October of 2000. It comprises of a series of various sections that have codify the protections stated in the European Convention on Human Rights into the United Kingdom law. Under the Human Right Act, all public bodies like the police, courts, hospitals, publicly funded schools, local governments and many others and any other bodies that carry out public functions must comply with the Convention rights. The Human Right Act has enabled individuals to file human rights cases in the domestic courts and human right cases do not have to be filed Strasbourg to be argued in the European Court of Human Rights (Equality and Human Rights Commission, n.d.). Section
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