PUBLIC LAW 1031 – SUMMATIVE EXAM
In 1979 during the case of Malone v Metropolitan Police Commissioner1; Sir
Robert Megarry’s statement regarding how the convention relates directly to the
European Court of Human Rights and how it fails to carry relation to the courts of
this country. This essay will critically analyze this statement and it will show how
this statement relates to how Human Rights are protected within the United
Kingdom’s constitutional arrangements.
The Human Rights Act was applied to codify salient human rights and assure civil
liberties, its leading aim was to embody or incorporate fundamental elements of
the European Convention of Human Rights into domestic law, and because of this,
it is possible to file a violation without having to go to the Court of Human Rights
in Strasbourg.
This fundamental Act has three goals
1. To be able to protect human rights and bring them home without having
the need to go to Strasbourg to get these rights Introducing
2. To have firm and in place constitutional operations to make sure that all
powers respect and obey human rights to strengthen the constitution
3. To raise awareness of human rights in general within the United Kingdom’s
Society 2
the Council of Europe was established in 1949 by 25 states of the EU, the United
Kingdom was not included in this until 1951 in which this convention was then
approved by the United Kingdom. The upside of rights of citizens, involves the
international convention that has been pinned by the European Court of Human
regarding doctrine of dualism, which is the difference between international law
and domestic law, it is said that international law, even when treaties are involved
will not have legal effect unless incorporated into domestic law by Parliament as
Parliament is sovereign. For example, International treaties approved by
Government, as the Convention did not have any have legal effect domestically as
they had not been incorporated into domestic law by Parliament.
1
Malone v Metropolitan Police Commissioner [1984] ECHR 10
2
The Human Rights Act 1998
, On the contrary, before the Human Rights Act, it was achievable for the European
Conventions principles to have an influence on the domestic laws of the United
Kingdom in alternate ways. Over time, the convention has contributed to
changing laws, these violations have shown the way to several changes being
made to primary legislation. For example, in Malone v Metropolitan Police
Commissioner's3, there was a violation of privacy and right to respect of private
life, by tapping of the phone. This is where Article 8 came in when the case was
brought to the ECtHR, it was seen that there was a direct relation to Article 8 4,
and it was a legitimate claim When the UK signed the Convention in 1950 and
accepted the obligation of Art.1 of the convention that, "secure for everyone
within its jurisdiction” that means it making sure that the law under the operation
of authority is conducted in a way that is coordinated with the convention. The
convention is built upon the rule of law. Since there is not a clear law it makes it
uncertain. In Malone, the court of Human Rights held that the omission of the
compelling regulation of telephone tapping was a violation of Article 8. violation
of Article 8. as a result, the Interception of Communication Act 1985 was enacted.
However, in Halford V UK5 it became coherent that the new law was insufficient
and unable to create adequate legal control.
Rule of Law and how it relates to HRA
The Human Rights Act 1998 has readily examined the lawfulness of executive and
legislative action, this is based on rights set out in the Convention. This greater
willingness to investigate and scrutinize the executive's acts and decisions, in line
with human rights, demonstrates stronger protection for the rule of law. Human
rights have a major role to fulfill with relation to principles of the rule of law and,
a shift in the law to the protection of positive rights has meant that the courts are
more ready and willing to investigate executive action and can fulfill their role
more efficiently in promoting the rule of law. The HRA without question has
modified the separation of powers, this is because it relies on the courts to
interpret legislation 'so far as it is possible to do so' per the rights enshrined
within the ECHR6
3
Malone v Metropolitan Police Commissioner [1984] ECHR 10
4
Article 8 of the European Convention of Human Rights
5
Halford v United Kingdom [1997] ECHR 32
6
Section 3.1. HRA
In 1979 during the case of Malone v Metropolitan Police Commissioner1; Sir
Robert Megarry’s statement regarding how the convention relates directly to the
European Court of Human Rights and how it fails to carry relation to the courts of
this country. This essay will critically analyze this statement and it will show how
this statement relates to how Human Rights are protected within the United
Kingdom’s constitutional arrangements.
The Human Rights Act was applied to codify salient human rights and assure civil
liberties, its leading aim was to embody or incorporate fundamental elements of
the European Convention of Human Rights into domestic law, and because of this,
it is possible to file a violation without having to go to the Court of Human Rights
in Strasbourg.
This fundamental Act has three goals
1. To be able to protect human rights and bring them home without having
the need to go to Strasbourg to get these rights Introducing
2. To have firm and in place constitutional operations to make sure that all
powers respect and obey human rights to strengthen the constitution
3. To raise awareness of human rights in general within the United Kingdom’s
Society 2
the Council of Europe was established in 1949 by 25 states of the EU, the United
Kingdom was not included in this until 1951 in which this convention was then
approved by the United Kingdom. The upside of rights of citizens, involves the
international convention that has been pinned by the European Court of Human
regarding doctrine of dualism, which is the difference between international law
and domestic law, it is said that international law, even when treaties are involved
will not have legal effect unless incorporated into domestic law by Parliament as
Parliament is sovereign. For example, International treaties approved by
Government, as the Convention did not have any have legal effect domestically as
they had not been incorporated into domestic law by Parliament.
1
Malone v Metropolitan Police Commissioner [1984] ECHR 10
2
The Human Rights Act 1998
, On the contrary, before the Human Rights Act, it was achievable for the European
Conventions principles to have an influence on the domestic laws of the United
Kingdom in alternate ways. Over time, the convention has contributed to
changing laws, these violations have shown the way to several changes being
made to primary legislation. For example, in Malone v Metropolitan Police
Commissioner's3, there was a violation of privacy and right to respect of private
life, by tapping of the phone. This is where Article 8 came in when the case was
brought to the ECtHR, it was seen that there was a direct relation to Article 8 4,
and it was a legitimate claim When the UK signed the Convention in 1950 and
accepted the obligation of Art.1 of the convention that, "secure for everyone
within its jurisdiction” that means it making sure that the law under the operation
of authority is conducted in a way that is coordinated with the convention. The
convention is built upon the rule of law. Since there is not a clear law it makes it
uncertain. In Malone, the court of Human Rights held that the omission of the
compelling regulation of telephone tapping was a violation of Article 8. violation
of Article 8. as a result, the Interception of Communication Act 1985 was enacted.
However, in Halford V UK5 it became coherent that the new law was insufficient
and unable to create adequate legal control.
Rule of Law and how it relates to HRA
The Human Rights Act 1998 has readily examined the lawfulness of executive and
legislative action, this is based on rights set out in the Convention. This greater
willingness to investigate and scrutinize the executive's acts and decisions, in line
with human rights, demonstrates stronger protection for the rule of law. Human
rights have a major role to fulfill with relation to principles of the rule of law and,
a shift in the law to the protection of positive rights has meant that the courts are
more ready and willing to investigate executive action and can fulfill their role
more efficiently in promoting the rule of law. The HRA without question has
modified the separation of powers, this is because it relies on the courts to
interpret legislation 'so far as it is possible to do so' per the rights enshrined
within the ECHR6
3
Malone v Metropolitan Police Commissioner [1984] ECHR 10
4
Article 8 of the European Convention of Human Rights
5
Halford v United Kingdom [1997] ECHR 32
6
Section 3.1. HRA
