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Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom.An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. [1] Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights.
Human Rights Act 1998, for the first time this allowed direct appeal in British courts to be made on the basis of the European Convention on Human Rights. It preserves Parliamentary sovereignty , because courts may not strike down democratically decided laws, they can only issue a "declaration of incompatibility" (s.4).
It also has international significance, as it was a model for the US Bill of Rights 1789, and its influence can be seen in other documents which establish rights of human beings, such as the Declaration of the Rights of Man, the United Nations Declaration of Human Rights and the European Convention on Human Rights. [32]
Mark Elliott, professor of public law at the University of Cambridge, argued that the Bill is "a piece of legislation that the Government claims enhances human rights protection but which in fact significantly diminishes it" and that it "smacks of authoritarian resistance to scrutiny and is antithetical to the best traditions of the British ...
The United Kingdom ratified the European Convention on Human Rights in 1951, and accepted the right of individual petition to the European Court of Human Rights, Strasbourg, in 1966. [2] The Human Rights Act 1998 made most Convention rights directly enforceable in a British court for the first time. [3]
Jodie Beck, head of policy and campaigns at the British human rights organization Liberty, said the laws “underpin inflammatory political rhetoric around the climate movement and racial justice ...
The rule of law is thus invoked when considering controversial powers of the government that stray from precedent, depart from the European Convention of Human Rights as embodied in the Human Rights Act 1998, or break new legislative ground. [7]