HR vs Parl. Sov.

the HRA is not the same as, for example, the US Bill of Rights or the German Basic Law, which entrench rights and allow courts to strike down incompatible legislation.
Parliament alone can decide whether or not to repeal or amend legislation. This is in stark contrast to the European Communities Act 1972, which allows UK law to be overridden if it conflicts with directly enforceable EU law.
1. Section 19 of the HRA requires any Minister who is in charge of a Bill a statement which says that the Bill is either compatible with human rights, or that it is incompatible but that the Government nevertheless wishes to proceed with the Bill.
In interpreting questions about human rights the courts must ‘take into account’ any decisions made by the European Court of Human Rights
The Joint Committee on Human Rights (JCHR) task is to consider human rights issues in the UK, by scrutinising draft legislation to consider compatibility with human rights.
Section 6 of the HRA provides: It is unlawful for a public authority to act in a way which is incompatible with a Convention right. This obligation does not apply if under the law the public authority could not have acted differently.

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	Erstellt von B_Candice vor etwa 9 Jahre