London attractions
BRIT POLITICS logo
HOME : University 18 Yrs +

Introduction
An unwritten constitution
What are constitutions for
Support for the unwritten constitution - the Whig view
Support for the unwritten constitution - westminster model
Support for the Unwritten Constitution - From the 1970s
What is the British Constitution - Common Law
The Common Law - The Royal Prerogative
The British Constitution - Statute Law
More on Statute Law
The British Constitution - Constitutional Conventions
Authoritative Sources
New Labour and Devolution
New Labour and FOI
New Labour and Human Rights
New Labour and Local Government
New Labour and Monetary Policy
New Labour and Political Parties
New Labour and the House of Lords
New Labour and the Judiciary
Significance since 1997
The Coalition
Introduction
An unwritten constitution
What are constitutions for
Support for the unwritten constitution - the Whig view
Support for the unwritten constitution - westminster model
Support for the Unwritten Constitution - From the 1970s
What is the British Constitution - Common Law
The Common Law - The Royal Prerogative
The British Constitution - Statute Law
More on Statute Law
The British Constitution - Constitutional Conventions
Authoritative Sources
New Labour and Devolution
New Labour and FOI
New Labour and Human Rights
New Labour and Local Government
New Labour and Monetary Policy
New Labour and Political Parties
New Labour and the House of Lords
New Labour and the Judiciary
Significance since 1997
The Coalition
constitution banner

University 18 Yrs + | Constitutional Change

New Labour and Human Rights

The Human Rights Act, 1998 adopted the European Convention of Human Rights as British Law an created a comprehensive set of rights for the first time.

The European Convention was drawn up after the war by Western European countries who were members of the Council of Europe after the experience of Nazi occupation.

Britain signed in 1951 and in the 1960s British citizens were able to take cases to the European Court of Human Rights at The Hague. Decisions were not binding in British law but the Government would often adjust legislation to take account of European Court decisions.

British judges could now apply the Human Rights Act to cases coming before them. Parliamentary Sovereignty was preserved in theory as British judges could not strike out Acts of Parliament that were incompatible with the Human Rights Act but instead issue a declaration of incompatibility and then Parliament could quickly look to see if existing statutes should be amended.  There is a debate as to whether, in practice, there has been a significance shift in power from Parliament to the Judiciary.

tours_468X60_English

Best Sellers


  • MOST VIEWED: The result for May 2017 is The Politics Book; simple explanations of concepts and ideas
  • DID YOU KNOW? Lord Michael Dobbs, once adviser to Margaret Thatcher wrote House of Cards, now starring Kevin Spacey.

 

Latest News & Features

The Guardian: University League Tables 2018 released

Tony Blair became PM twenty years ago, but what was Blairism?

Profile: Sir Robert Walpole, the first British Prime Minister

Our Twitter Feed