European Human Rights Essay Example | Topics and Well Written Essays - 2000 words - 1

European Human Rights - Essay expressionIn this respect, this essay will argue that aside from the HRAs failure to properly incorporate the regulation rights a more crucial failure is the fact that it leaves courts hesitant to apply the legislation due to the vague guidelines given up chthonian section 3 of the Act.As previously mentioned, the HRA is meant to give guarantees to the rights and freedoms embodied in the convention. Among its effects, the Act renders it wrong for a public authority to act in a way which is incompatible with a Convention right.4 In addition, it also obliges courts to so far as possible to do so5, ensure that native legislation and subordinate legislation must be read and given effect in a way which is compatible with Convention rights6 and in instances where it is not possible, to make a declaration of that revulsion7. Since the Act came into effect, however, the HRAs significance in successfully protecting the rights and freedoms embodied in the Convention has been limited by the two aforementioned provisions.First, with regard to the obligation posed on authorities under section 6, campaign law has exhibited difficulties in determining whether or not the person in question of violating the Convention under the HRA is a public authority, aptly specify or not. Under section 6, public authorities argon defined as a court or tribunal or any person certain of whose functions ar functions of a public nature. 8 In this respect, the definition of public authority is imperative because in cases where violations of benevolent rights occurred, individuals can only be awarded damages against public authorities. As defined by the act, damages link to damages for an unlawful act of a public authority.9 The definition of public authority is so a crucial aspect of enforcing the law, and applying it in courts. However, difficulty lies in determining whether a person has functions that are of public nature and whether public authoriti es are operating under private transactions. In the case of Poplar Housing and Regeneration Community Association Ltd v Donoghue 2002 QB 48, 67, a private body was deemed to be performing public functions, and hence liable under section 6 of the Act.10 In this respect, the case was considered a landmark in case law regarding the definition of public authority, because it called for a generous interpretation of who is a public authority.11 As a result, the definition of the term achieved what Lord Irvine indicated as a essential for an extended and wide-ranging definition of public authority, in order to extend the liabilities under the HRA to return as much protection as possible for the rights of the individual against the misuse of power by the show preserving parliamentary sovereignty.12 However, the changing nature of government functions, as well as the growing partnership betwixt public and private organizations has rendered this already difficult task more complex. In thi s respect, Lord Nicholls illustrates this in Aston Cantlow v Wallbank 2004 1 AC 546, stating thatthere is no single test of universal application. There cannot be, given the various nature of governmental functions and the variety of means by which these functions are discharged today.