ABSTRACT

This chapter focuses on material that will, traditionally, be considered more fully in other courses, such as public or constitutional and administrative law, civil liberties options or, indeed, some legal theory courses. The fact is, however, that the English legal system simply cannot be fully understood or placed in its contemporary context without a consideration of the points raised hereafter, and many syllabuses look to students to have at least a passing acquaintance. The incorporation of the European Convention on Human Rights (ECHR) into UK law through the Human Rights Act (HRA) 1998 has had profound implications for the operation of the English legal system and the relationship of the judiciary to the legislature and executive. The rights listed in the European Convention on Human Rights are not all treated in the same way. Some rights are absolute and inalienable and cannot be interfered with by the signatory state to the Convention.