What is the relationship between human rights and UK constitutional law?

I basically have a constitutional law essay but am finding it a little hard to come to grips with constitutional law. My question is: How does the ECHR act relate to the key principles of the Uk constitution. For example, if trying to explain how Article 8 of the European Convention of Human Rights relates to the constitution?

The UK does not have a constitution.

Post Author: mark

4 thoughts on “What is the relationship between human rights and UK constitutional law?


    (January 19, 2010 - 7:17 pm)

    British law has gone mad, they are taking away human rights. there is no relationship.

    What constitutional law, when innocent people are having there DNA take from them and the government say that the DNA should stay on their database in case you plan to commit a crime in the future is not constitutional.
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    (January 19, 2010 - 7:38 pm)

    The important thing about HRA, when it comes to constitutional law. is how it interfaces with existing constitutional law. The relationship isn’t so much in respect of existing rights as it is in respect of the method by which those rights are applied to UK law.

    There are ways in which individual rights do relate to existing law, but they are more substantive than constitutional.

    HRA (unlike EU law) incorporates the convention without upsetting existing constitutional arrangements – HRA allows for challenge of any law – common law and primary and secondary legislation – on grounds of incompatibility, but primary legislation (i.e. acts of parliament) cannot be *struck down* only declared to be incompatible (which does not effect their validity in law). This maintains the rule of parliamentary sovereignty and reflects the nature of the UK constitution (much of it works because of the influence of factors outside the law – such as constitutional conventions).

    There are the issues of the introduction of foreign (ECtHR) jurisprudence into UK law, and the status of the HRA in terms of implied repeal (raise by Laws LJ, in the Thoburn case).

    To understand the relationship fully you’d have to look at the issues in claiming a breach of rights – such as proportionality – that were not usual in judicial review proceedings prior to HRA and other issues surrounding its comparison to conventional judicial review such as standing, treatment of groups with no group legal personality etc.

    You should do more reading on constit law and post more Qs if there’s something in particular you don’t follow. There are some lawyers and students around here… but there are also lots of people with an axe to grind especially when it comes to HRA…
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    law grad

    Ansell A

    (January 19, 2010 - 8:21 pm)

    The UK does not have a constitution.
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    Estella D

    (January 19, 2010 - 8:56 pm)

    Mail honestessays@gmail.com for professional help. They did a similar essay for me and I got A for the same. I hope this helps.
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