What are the differences/similarities in the Human Rights Act 1998 and the European C

lons3

What are the differences/similarities in the Human Rights Act 1998 and the European Convention on Human Rights Act 2003?

Pro Hoc Vice

One is UK legislation the other Irish :-) to be honest never compared them.

Manach

+ the 2003 is set at a subconstitutional level, whatever that turns out to to and that the 1998 was been a political punch-bag for elements of the Tory part.

lons3

Manach wrote: »

+ the 2003 is set at a subconstitutional level, whatever that turns out to to and that the 1998 was been a political punch-bag for elements of the Tory part.

In what way did they use it as a punch-bag in the UK?

lons3

I'm trying to see how I can apply Nolan's article on the convergence of HRA and negligence to Irish Law ðŸ‘

Manach

lons3 wrote: »

In what way did they use it as a punch-bag in the UK?

Offhand, Cameron and other have blamed the act for pandering excessively to the perceived rights culture and the inability to deport terrorist suspects. There was moves to scrap the act and replace it with a slimmed down version which would have been based on more traditional notions of liberties, but this likely got blocked by the liberals.

234

lons3 wrote: »

I'm trying to see how I can apply Nolan's article on the convergence of HRA and negligence to Irish Law ðŸ‘

For Ireland you would probably want to sub in constitutional rights for the HRA. We still tend to deal primarily in terms of ECHR as an interprative aid to our own constitution.

Tom Young

Paras 47 - 49 explain the position: http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/c3e97a3431eafee580257a7e003ea900?OpenDocument&Highlight=0,Cornec

Orlaw3136

Having to do your own homework is not a breach of either.