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Human Rights Act 1998 HELP URGENT watch

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    Hi I've got an essay to do for constitutional and administrative law for tuesday. Iv made loads of notes about it but I'm really not sure where to start in writing this or what structure I should do it in. So my maximum word limit is 1500 and the question is

    What are the main features of Human Rights Act 1998? Why was this major piece of legislation passed? Illustrate your answer with reference to decided cases.

    Any help/suggestions will be great, thanks!

    Cassie
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    well what have you done and what are you specifically having problems with what cases are you looking at.
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    basically iv just got a bunch of notes about the main elements of the human rights act.. I haven't put any cases in yet. When I put it all together iv only got under 400 words! Have a read..

    “What are the main features of the Human Rights Act 1998? Why was this major piece of legislation passed? Illustrate your answer with reference to decided cases.”

    The Human Rights Act 1998 was given effect on the 2nd of October 2000. One main feature of this Act is to encourage parliament to introduce legislation that is compatible with the European Convention on Human Rights. Another main feature is to place a statutory duty on courts and tribunals to interpret legislation in a manner that gives effect to the European Convention on Human Rights. An additional main feature is to make it unlawful for public authorities to act in a way contrary to the convention, unless an act of parliament meant it couldn’t have acted differently. A further main feature is to give individuals whose rights have been infringed by public authorities the right to bring proceedings and obtain remedies in the British courts. In effect these all collectively work together to incorporate the European Convention on Human Rights into UK law. As stated by the Lord Chancellor during debate on the Act, it is “..to give further effect to the rights and freedoms guaranteed under the European Convention on Human Rights…”

    I am now going to discuss why this legislation was passed. To do this I am going to address the position before the Human Rights Act 1998 was passed. Before 1998 we relied on the European Convention on Human Rights solely to protect our rights and liberties. However the Convention was not binding and only persuasive on British courts. To bring an action under the Convention would mean to petition to the Euopean Court of Human Rights, and to do this you would have to have exhausted all local remedies. The problem with this was that it was very timely and expensive to take a case all the way to European Court of Human Rights in Strasbourg.
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    ok, get a copy of Constitutional + Administritive Law - Bradley + Ewing (13th Edition) and look at page 416. Also, get a copy of the modern english legal system - Smith Bailey and Gunn (4th edition), and look at Chapter 8. The latter is the better.

    They will solve all of your questions
    --------------
    ahhh shame you're not at the proper Leicester Uni, you could have just got the books from our library! They'll probably have them in yours too though
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    You're not supposed to put 'I' in essays. It's not regarded as 'academic' writing.

    Also I'd suggest that you remove the essay to prevent other people copying/your uni accusing you of stealing essays off the internet!
 
 
 
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