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Impact of the Human Rights Act in the UK

Impact of the Human Rights Act in the UK. Rabinder Singh QC. Introduction. Impact on court system Impact on executive Impact on Parliament. Impact on court system. No deluge of cases Not much impact on criminal courts Not many damages claims Main impact on judicial review

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Impact of the Human Rights Act in the UK

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  1. Impact of the Human Rights Act in the UK Rabinder Singh QC

  2. Introduction • Impact on court system • Impact on executive • Impact on Parliament

  3. Impact on court system • No deluge of cases • Not much impact on criminal courts • Not many damages claims • Main impact on judicial review • And at appellate level

  4. Some leading cases • Amin: duty to investigate death in custody • Ghaidan: rights of same-sex partners • A (Belmarsh): detention without trial • Limbuela: asylum support • Al-Skeini: extra-territorial application of HRA

  5. Impact on common law • Courts included as public authorities • Positive obligations may fall on courts • Contrast Canada: Dolphin Delivery • Venables

  6. Impact on executive • NB: Govt’s Review of HRA (July 2006) • No significant impediment • Exception: Chahal (ECHR case) • Statements of compatibility of primary legislation • Voluntary statements for secondary legislation

  7. Declarations of incompatibility • Always complied with to date • Even most controversial one in Belmarsh • Usually by Act of Parliament • Though remedial orders possible

  8. Impact on Parliament • Legislative supremacy of Parliament preserved • Work of Joint Ctee on Human Rights • Constitutional “dialogue”

  9. The Future • Commission for Equality and Human Rights (from Oct 2007) • Govt Green Paper The Governance of Britain (July 2007) • Opposition suggestion of repealing HRA • Possible British Bill of Rights

  10. Impact of the Human Rights Act in the UK Rabinder Singh QC

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