Coursework – Business Law assignment
Please have a read through the information provided below and answer the question with relevant references.
A challenging discussion, so in order to explain the impact of the Human Rights Act, 1998 on Parliamentary Sovereignty, it is firstly important to know and understand what this is. ‘Parliamentary Sovereignty is the most important part of the UK constitution’ (Parliament.UK, 2017). This statement is relatively vague, but further clarification confirms this as being the highest legal authority which can make or break a law and its legislation cannot be overruled. (Parliament.UK, 2017). The Human Rights Act, 1998 (Gov.UK, 1998) has ‘both a legal and a political dimension’ (O’cinneide, 2009:11) and provides comprehensive rights of respect and fairness to UK citizens and those living in the UK.
So, with Brexit imminent, the Human Rights Act, 1998 is a key element in exit negotiations. ‘With neither a justiciable bill of rights, nor the binding nature of EU rights, Parliament remains the last custodian of human rights in the UK’ (Fredman, 2017). Fredman also questions whether, in the case of Brexit if Parliamentary Sovereignty can be overruled because the vote was done by referendum (Fredman, 2017). Therefore can the courts now erode Parliamentary Sovereignty, leaving it destabilised, even though the Human Rights Act, 1998 is based on the European Convention of Human Rights? Therefore could it be argued that as parliament holds the authority to pass legislation, then at present the Human Rights Act, 1998 does not appear to erode Parliamentary Sovereignty if compatible with European Convention?
