Discuss the provisions of the Human Rights Act 1998 which concern the judiciary. To what extent do you believe that the provisions of the 1998 Act give UK judges too much power to interpret the law in a way that undermines Parliamentary Sovereignty? Answer the question in no more than 1,000 words. Reading Before answering the above assignment, you should read into the subject. Below is some reading to get you started. NB: The listed sources below represent a guide to the type of things that may be explored when researching this essay title. It is therefore important that you conduct a more extensive research into the subject matter and go beyond the readings listed underneath. • Human Rights Act 1998 – https://www.legislation.gov.uk/ukpga/1998/42/contents – section 2: interpretation of Convention rights. – section 3: interpretation of legislation. – section 4: declaration of incompatibility. – section 8: judicial remedies. – section 9: judicial acts. – sections 19: statement of compatibility. • A v Secretary of State for the Home Department [2005] 2 All ER 169 (Lord Bingham) – The relevant quotation can be found in the PowerPoint slides. • S Davies, K Phillips, L Walters, WJEC AS Law – Updated Edition: Study and Revision Guide Illuminate Publishing 2011) – Pages 51-55 • Liberty, ‘How the Human Rights Act Works’ (Liberty website, no date) – https://www.libertyhumanrights.org.uk/human-rights/what-are-human-rights/human-rights-act/how-human-rights-act-works • Rt Hon Harriet Harman MP, ‘Twenty years of the Human Rights Act: Extracts from the evidence’ (no date) – https://publications.parliament.uk/pa/jt201719/jtselect/jtrights/1434/1434.pdf • Adam Wagner, ‘Supreme confusion’ (UK Human Rights blog, 26 January 2011) – https://ukhumanrightsblog.com/2011/01/26/supreme-confusion/ • David Scott, ‘Stop Powers under the Terrorism Act 2000 incompatible with Article 10’ (UK Human Rights Blog, 21 January 2016) – https://ukhumanrightsblog.com/2016/01/21/stop-powers-under-the-terrorism-act-2000-incompatible-with-article-10/ • Conor Gearty, ’11 September 2001, Counter-terrorism, and the Human Rights Act’ (2005) 32(1) Journal of Law and Society 18 – This article looks at, amongst other things, the role of the judiciary in deciding on cases concerning human rights. Important information • Essays should be submitted on Canvas by 15.00 (3 pm) on 02/05/2019. • Save your file as Microsoft Word doc or docx format. • Essays should be use endnotes for referencing. Please refer to PowerPoint slides on writing legal essays and referencing legal sources. A bibliography/references page is not required. • NB – The Law School DOES NOT operate a +10% rule in respect of assignment word limits. The word limit for this essay is set at 1,000 words. Exceeding this word limit by any amount will result in the application of penalties to your work. • Late submissions will be penalised 5 marks for each business day over the deadline unless otherwise authorised by extenuating circumstances.
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