QuestionQuestion

Explain the key provisions of the Human Rights Act 1998 and, with reference to case law assess their effectiveness in guaranteeing rights and freedoms in the United Kingdom.

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Answer:
The Human Rights Act 1998 was enacted into UK law to give further effect to the rights contained in the European Convention on Human Rights. Prior to the Human Rights Act 1998 (HRA), the UK’s Constitution did not contain any positive enactment of rights. Section 2 of the Act requires that domestic courts take into account Strasbourg Jurisprudence . In a majority of cases the obligation to take into account is construed as an obligation to follow. The South African Constitutional Court, for example, has shaped its decisions by reference to the wisdom to be derived from all jurisdictions. Finally, and most importantly, the concentration on Strasbourg decisions has prevented the English Courts from developing indigenous human rights jurisprudence....
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