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Constitutional Protection of Human Rights in the UK – The Human Rights ActReading:
Core reading: Foster, p. 88-163.
Additional reading: Bradley and Ewing, Constitutional and Administrative Law, 14 th ed., p. 419-442.
In this lecture we will concentrate on the the Human Rights Act 1998 and the way rights were incorporated into English
law. This lecture will discuss why the Human Rights Act was passed and how it incorporates human rights into English
law. Lastly we will reflect on how the HRA affects doctrines familiar to you from Constitutional Law, such as
Parliamentary Sovereignty and the Separation of Powers.
Protection of Human Rights prior to the Human Rights Act
Even before the Human Rights Act, constitutional protection of human right existed in English law. This constitutional
protection continues to exist, now in addition to the
The common law principle is that whatever Parliament has not prohibited is permissible, and the government
(executive) has no right to restrict. This principle is the basis of civil liberties in English law.
Entick v. Carrington (1765) 19 St Tr 1030
The United Kingdom was one of the original signatories of the ECHR. But, it did not incorporate the convention in UK
law. That means that it had an international obligation to uphold the Convention, and British citizens could apply to the
Strasbourg Court to uphold their Convention rights, but it was not part of UK law.
This meant that the discretion of UK government ministers to use their ministerial powers was not fettered by the
Convention. (A decision to ban broadcast of IRA members unfettered by Artcile 10).
R v. Home Secretary, ex p Brind [1991] AC 696
But, the House of Lords did refer to the Convention, where it would have reached the same decision it reached under
the common law. (That local authorities could not sue in libel, and it did not breach Article 10).
Derbyshire County Council v. Times Newspapers Ltd [1993] 1 All ER 1011.
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