Sophia Brockley

AS Government & Politics

Explain why, in practice, parliamentary sovereignty is not undermined by the Human Rights
Act.

10 Marks

The Human Rights Act of 1998 demands that the British judiciary must consider human rights issues in every case, one that will not be declared incompatible by the HRA. Despite suggestions that the HRA allows us to be protected from human rights abuses by our own government, one may counter­argue that by saying this is merely a theory of the HRA but in practical terms, the HRA is sufficiently powerless when up against the constitutionally unlimited powers of the Westminster
Parliament, besides threats presented by legislation of the European Union. The HRA may declare a law incompatible but, in practice, the European Convention of Human Rights has no power to overturn or overlook parliamentary laws.

“Recent political developments have led to an increasingly political role for judges” Discuss. 25 Marks Montesquieu's idea of a separation of powers intended to prevent any branch of government becoming too powerful. The separation of power requires that the legislature, the executive and the judiciary are independent entities. However

Sophia Brockley

AS Government & Politics

Explain why the absence of a codified constitution in the UK has traditionally resulted in judges having limited role in interpreting the constitution. 10 Marks Unlike the US, the UK