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Mar 24, 2021 · Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998? The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”).
As well as references to the long endurance and resilience of the un-codified UK constitution, the literature contains discussion of notable codification exercises in UK (or rather, English) history.
A review of constitutional practice (section 2) demonstrates that Parliament has, to a great extent, legislated effectively to discharge the UK constitution's three minimum ‘constituting’, ‘legitimating’, and ‘limiting’ functions.
SECTION 3(1) Human Rights Act 1998 appears to limit the powers of the court; statutes can only be interpreted in a manner compatible with Convention rights ‘so far as possible’.
The Committee is investigating the possibility of codifying – or not codifying – the UK constitution. This paper examines the existing constitution and the implications for this subject. It follows on from a literature review produced by the Centre for the Committee in 2011. [1]
The Human Rights Act 1998 (‘the HRA’), which incorporates the civil and political rights protected by the ECHR into national law, now plays a key role in the UK’s constitutional system.
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6 REVIEW OF THE UK CONSTITUTION In this first paper we identify three key power relationships at the heart of the constitution that are currently under strain: • between the UK’s political institutions – including the UK government, parliament and the courts • between the devolved nations, regions and Westminster
