ABSTRACT
This chapter explains the theoretical approaches to the existence of human rights such as natural law and social contact theories. It discusses the traditional piecemeal approach to civil liberties and human rights under the UK constitution. The chapter then describes the origins and scope of the European Convention on Human Rights and Fundamental Freedoms and with reference to case law, its impact on UK law. It explores why the United Kingdom did not incorporate Convention rights into domestic law before the Human Rights Act 1998 and outlines the procedure for making an application under the European Convention on Human Rights. The chapter explores the difference between rights under the ECHR and rights under European Union law and addresses the principal aspects of the Human Rights Act 1998. It also discusses the ways in which the Human Rights Act preserves parliamentary sovereignty and the separation of powers.
