The traditional chancefulan interpret was that the role of the judges is to protect everlasting(a) liberties and human rights through the common legality, and by judicial interpretation. crafty placed great emphasis on the fact that in that respect was no need for a formal record egg laying down the rights of the individual, as the remedies of private law provided adequate protection. His view was backed up by the unadulterated decision in Entick v Carrington, where the courts reinforced the rights of the individual against the state. However, the courts consent non unceasingly been so zealous in defend rights and liberties, as cases such as Malone indicate. Nevertheless, when the Human Rights Act 1998 was passed, the courts were again given a special role with regard to defend human rights. According to segmentation 2 (1) (a) of the Human Rights Act, when find out a question relating to a Convention right, a issue court must blast into account any perceptiveness or decision of the European Court of Human Rights, so far as it is pertinent to the facts of the case. More importantly, section 3 (1) provides that so far as it is possible to do so, uncreated principle and subordinate canon must be memorialise and given effect in a way which is compatible with Convention rights.
This places a commerce on the courts to interpret legislation in a mode which is consistent with the Convention. However, the courts have no power to legislate themselves, and s.3 (2) goes on to state that this power does not affect the validity of legislation. Therefore, a measure of Parliamentary sovereign ty is retained. In approaching their duty ! under s.3, the courts have taken a three stage approach. First, the economy is scrutinized in put to determine whether it is compatible with Convention rights. If it is, then... If you lack to get a full essay, order it on our website:
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