Human rights act and parliamentary supremacy?

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arianwyn
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Report Thread starter 16 years ago
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Hi! I am new and desperate!!

I have a Constitutional Law assignment due in tomorrow and I am completely at a loss on it...it is my worst subject. Does anyone have any idea on this subject? I understand that EU law is supreme and that the UK can't go against it without leaving the EU...

Question is, how compatible is the human rights act (1998) with the doctrine of parliamentary supremacy? Any suggested reading? I only have...18 hours...to do it in, so any suggestions AT ALL will be appreciated!
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viviki
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Report 16 years ago
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wow you are leaving it to the last minute. Here something which might be vaguely useful

http://www.historylearningsite.co.uk/gbpolitics.htm
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alocin
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In a really basic nearly 2am form; the Minister promoting the Govt Bill has to make a Declaration of Compatibility, stating that the Bill does not go against the HRA. They can choose not to make this Declaration if it does go against it, like the Communications Act, but this then kind of gets people’s attention as it suggests the Govt may be violating Human Rights in some way. If a court finds that a statute is in breach of the HRA in some way then they can’t overrule it, they just make a Declaration of Incompatibility, which again gets people’s attention.

The HRA also states that a Govt body cannot act in a way that is incompatible with Convention rights. So in theory the courts, being a Govt body, can now enforce rights even going against UK statutes, as this statute states that they must comply with Convention rights.

http://www.hmso.gov.uk/acts/acts1998/80042--a.htm
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