Create a 5 page essay paper that discusses The United Kingdoms Constitution: Protection for the Right to Protest in the Streets.Download file to see previous pages… The courts are under an obligatio

Create a 5 page essay paper that discusses The United Kingdoms Constitution: Protection for the Right to Protest in the Streets.

Download file to see previous pages…

The courts are under an obligation to follow the Parliament’s Acts and cannot overrule legislation passed by the parliament and no Parliament can pass a law that the future Parliament of the country cannot change. The sovereignty of the parliament is an essential part of the constitution of the United Kingdom (www.parliament.uk, n.d.). Over time, Parliament has passed several laws limiting the application of the sovereignty of the parliament. These laws are a reflection of the political developments within the UK as well as outside of it. These laws include the transference of power to different bodies like the Scottish Parliament and Welsh Assembly, the Human Rights Act 1998 as well as UK’s entry to the European Union in 1972 and the decision establishing the Supreme Court in 2009 which ended the House of Lords role as UK’s final court of appeal are all such developments in law that limit parliamentary sovereignty (www.parliament.uk, n.d.). All these measures and laws do not necessarily destabilize the principle of parliamentary sovereignty. This statement is based on the fact that the parliament can still at least in theory repeal any of the laws that implement these changes (www.parliament.uk, n.d.). However, since the UK became a signatory to the convention, it was held into R v. Secretary of State for the Home Department ex p. Brind 1991 that Parliament must enact laws that are in conformity with the Convention and an Act of Parliament must be interpreted or construed in line with the Convention. The Human Rights Act 1998 is also known as HRA and it came into effect in the United Kingdom in the October of 2000. It comprises of a series of various sections that have to codify the protections stated in the European Convention on Human Rights into the United Kingdom law. Under the Human Right Act, all public bodies like the police, courts, hospitals, publicly funded schools, local governments and many others and any other bodies that carry out public functions must comply with the Convention rights. The Human Right Act has enabled individuals to file human rights cases in the domestic courts and human right cases do not have to be filed Strasbourg to be argued in the European Court of Human Rights (Equality and Human Rights Commission, n.d.). Section 3 of the Human Rights Act 1998 imposes an obligation on the courts to interpret all domestic legislation incompatibility with European Convention rights (Law Teacher: The Law Essay Professionals, 2010). Before the enactment of the Human Rights Act 1998, the European Convention on human rights was pertinent to statutory interpretation for the reason that it could not be the basis of rights and, unless a statute was unclear, it could not be used for statutory interpretation as was held in the Ex Parte Brind case in 1991 (Law Teacher: The Law Essay Professionals, 2010). However, it needs to be remembered the Human Rights Act 1998 still allows Parliament to enact legislation that violates European Convention rights if it wishes to do so (Law Teacher: The Law Essay Professionals, 2010). Article 15 of the convention allows the member states to derogate from some rights that are guaranteed by the Convention in circumstances that threaten the life of the nation, in times of war or some other public emergency. This allowed derogations must comply with three conditions.

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