Essay Plan: How significant is the human rights act? (22)
- Created by: carts
- Created on: 24-05-22 10:51
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HOW SIGNIFICANT IS THE HUMAN RIGHTS ACT? (22)
VERY SIGNIFICANT
- Has allowed judges to ensure that governments do not act ultra vires e.g, 2019, Boris Johnson's proroguing of Parliament was ruled unlawful
- Courts can issue a declaration of incompatibility to show Parliament that their legislation breaches an article of the HRA
- Judges can challanged government ministers policy to defend the rights of citizens
- Courts are active in ruling government policy as breaching the HRA e.g., Home Secretary David Blunkett had is asylum policy ruled as breaching the right to freedom from inhuman/degrading treatment if they denied refugees food and shelter if they did not claim asylum in 'reasonable time'
- Pippa Middleton Photo Case- Theoretically right to freedom of expression would allow the press to publish the photos of the royal children that has been retrieve from Middleton's iCloud drive however in doing…
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