By Alison Young
The UK's Human Rights Act 1998 has been criticized for delivering a susceptible security of human rights. the primary of parliamentary legislative supremacy prevents entrenchment, which means that courts can't overturn laws handed after the Act that contradicts conference rights. This publication investigates this assumption, arguing that the main of parliamentary legislative supremacy is satisfactorily versatile to permit a better defense of human rights within the united kingdom, that could reflect the impact of entrenchment. however, it truly is argued that the present defense shouldn't be bolstered. If competently interpreted, the Human Rights Act 1998 can facilitate democratic discussion that allows united kingdom courts to accomplish their right correcting functionality to guard rights from abuse, whereas permitting the legislature to authoritatively make sure contestable concerns surrounding the level to which human rights will be safe along different rights, pursuits, and ambitions of a selected society.
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Additional resources for Parliamentary Sovereignty and the Human Rights Act
The possibility of entrenchment need not entail its desirability. Dicey’s political theory of sovereignty is founded on the way in which continuing parliamentary legislative supremacy preserves democracy, upholding the will of the people as expressed through the legislation of Parliament. Similar arguments are made against the entrenchment of human rights. Entrenchment would enable courts to strike down legislation, overriding the will of the electorate as expressed through the will of the people.
Failing to hold a referendum impliedly repeals the requirement to hold one. The doctrine of implied repeal only applies to situations where the provisions of two different statutes contradict each other. Principles of interpretation can be used to avoid such conflicts, making it appear as if human rights provisions are entrenched. There is, however, a limit to the stronger protection of rights that can be achieved through interpretation. Interpretation can only achieve an ‘entrenchment effect’: it cannot ‘entrench’.
Any statute purporting to overturn the Human Rights Act would fail, unless it was enacted by a two-thirds majority vote in the Commons and the Lords before receiving Royal Assent. However, present constitutional orthodoxy prevents this form of entrenchment. This is because of the doctrine of implied repeal. The doctrine of implied repeal holds that, where there is a conflict between an earlier and a later statute, the provisions of the later statute prevail. The later statute impliedly repeals the earlier statute, as repeal occurs even if the later statute does not expressly state that it is intended to overturn the provisions of the earlier statute.