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The problem with the Human Rights Act 1998: Section 2(1)

Posted on:2013-05-27Degree:LL.MType:Thesis
University:University of Toronto (Canada)Candidate:Chan, SamanthaFull Text:PDF
GTID:2456390008989309Subject:Law
Abstract/Summary:
The Human Rights Act 1998 incorporated the European Convention on Human Rights. With incorporation, Parliament and the government of the United Kingdom believed that human rights would reflect British values, there would increase support for human rights and a human rights culture would develop. However, the goals of incorporation did not occur. One reason for the failure of the Human Rights Act 1998 is the UK courts interpretation of section 2(1). Courts in the United Kingdom have been unwilling to provide more extensive and less extensive protection of rights than Strasbourg. The effect of the court's interpretation has been public, political and media backlash. Consequently, to resolve this problem, there must be a reinterpretation of section 2(1).
Keywords/Search Tags:Human rights, Section
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