ESSAY BRIEF
WORD COUNT: 1000 Words (+/- 10%)
Subject:
Critically assess to what extent has the ECHR been incorporated into the UK legal system?
OBJECTIVE:
The objective of this written assignment is for you to discuss how the ECHR has been incorporated into UK law by virtue of the Human Rights Act 1998, (“HRA 1998”).
The question requires you to discuss how the ECHR applies within the UK legal system. Consequently you need to provide an analysis of the HRA 1998. It would be helpful to provide a description of the main provisions of this statute and how the HRA 1998 has implemented Convention rights into UK law. You should provide a description of the impact of the statute on domestic law and in doing so you should also provide examples from the numerous case law that is available. Show critical analysis of the level at which it influences, has been implemented in, and complements the UK legislation and the challenges it still faces.
Guiding questions:
To what extent has the ECHR been incorporated into the UK legal system?
Provide a description of the main provisions of this statute and how the HRA 1998 has implemented Convention rights into UK law?
Description of the impact of the statute on domestic law?
Provide examples from the numerous case law that is available?
Lex posterior and Dualism of the UK legislation?
