Impact of the Human Rights Act in the UK Rabinder Singh QC.

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Presentation transcript:

Impact of the Human Rights Act in the UK Rabinder Singh QC

Introduction Impact on court system Impact on court system Impact on executive Impact on executive Impact on Parliament Impact on Parliament

Impact on court system No deluge of cases Not much impact on criminal courts Not many damages claims Main impact on judicial review And at appellate level

Some leading cases Amin: duty to investigate death in custody Amin: duty to investigate death in custody Ghaidan: rights of same-sex partners Ghaidan: rights of same-sex partners A (Belmarsh): detention without trial A (Belmarsh): detention without trial Limbuela: asylum support Limbuela: asylum support Al-Skeini: extra-territorial application of HRA Al-Skeini: extra-territorial application of HRA

Impact on common law Courts included as public authorities Courts included as public authorities Positive obligations may fall on courts Positive obligations may fall on courts Contrast Canada: Dolphin Delivery Contrast Canada: Dolphin Delivery Venables Venables

Impact on executive NB: Govt’s Review of HRA (July 2006) No significant impediment Exception: Chahal (ECHR case) Statements of compatibility of primary legislation Voluntary statements for secondary legislation

Declarations of incompatibility Always complied with to date Always complied with to date Even most controversial one in Belmarsh Even most controversial one in Belmarsh Usually by Act of Parliament Usually by Act of Parliament Though remedial orders possible Though remedial orders possible

Impact on Parliament Legislative supremacy of Parliament preserved Legislative supremacy of Parliament preserved Work of Joint Ctee on Human Rights Work of Joint Ctee on Human Rights Constitutional “dialogue” Constitutional “dialogue”

The Future Commission for Equality and Human Rights (from Oct 2007) Commission for Equality and Human Rights (from Oct 2007) Govt Green Paper The Governance of Britain (July 2007) Govt Green Paper The Governance of Britain (July 2007) Opposition suggestion of repealing HRA Opposition suggestion of repealing HRA Possible British Bill of Rights Possible British Bill of Rights

Impact of the Human Rights Act in the UK Rabinder Singh QC