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The Rift Between The Human Rights Act And The Tradition Of British Human Rights

Posted on:2020-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2416330590463447Subject:Law
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Under the influence of multiple factors such as the development trend of international human rights and the appeal of the domestic people,the UK passed the Human Rights Act in 1998,which was regarded as a new starting point of British human rights protection.The enactment of the Act has promoted the development of the British human rights protection mechanism and improved the quality of service provided by public institutions,which has a certain progressive significance.However,the Act has been widely disputed and questioned in domestic since its promulgation.Some people argued that the Act has weakened the principle of parliamentary sovereignty in practice,which was incompatible with the inherent constitutional tradition of Britain,and domestic cases concerning human rights can be overturned by the European Court of Human Rights,which affected the judicial authority of the United Kingdom.It was directly reflected in the judgment of the European Court of Human Rights in specific cases such as the Hearst political suffrage case,the Winter life imprisonment case and the Katada extradition case,which intensified the British people’s dissatisfaction with the Human Rights Act.Then it triggered a great debate that was about the voice of abolishing the Act and replacing it with a new Bill of Rights in Britain.The reason why the Human Rights Act of 1998 was widely praised at the beginning and then threatened with the risk of being abolished or replaced is that the Act was incompatible with the the way of British traditional human rights protection in some certain.The UK has gradually formed the "British rights" that have been established,adapted to the British customs and focused on rights relief in the course of its unique historical and cultural development.The "British rights" has continued through the experience and wisdom of the British generations,and has became a belief deeply rooted in the heart of the British.The Human Rights Act as a product of the internalization of the European Convention on Human Rights being a part of the British legal system was the announcement to the rights and provided a quasi-constitutional protection mechanism.But contrasting with the Britain ethnic characteristics of pragmatic and practice,this rights from the European continent is a nonsense fake.In the author’s review that how the Human Rights Act will develop in the future is based on the current developments in the UK and the current international environment.
Keywords/Search Tags:Human rights, the Human Rights Act, the Tradition of British Human Rights
PDF Full Text Request
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