Monday, 11 December 2017

"Acquis" and UK's 'Brexit'

"(...) should be noted that the UK is a dualist state so that international treaties only have effect in domestic law if they are incorporated by an Act of Parliament. While UK law – which includes the common law – is compliant with many obligations arising under the treaties mentioned above, the ECHR is the only human rights treaty that has been expressly incorporated into UK law through the Human Rights Act 1998 (HRA). The HRA makes reference to almost all ECHR rights binding on the UK and it requires public authorities to comply with them." -https://www.britac.ac.uk/blog/uk-human-rights-reform-and-international-law

Will the UK leave the Council of Europe as a result of the Tories’ repealing of the 1998 Human Rights Act?
"No. The UK will only withdraw from the European Convention on Human Rights (ECHR) if it specifically does that.
The key thing about the UK Human Rights Act (HRA) is that it incorporates the ECHR into British law, so that people seeking justice under its provisions don’t always have to go off to Strasbourg. Before 1998 the UK was constantly in the dock at Strasbourg. It was expensive for litigants and didn’t look too good either.
Many Tories, and Theresa May in particular, are on record as saying they want to replace the HRA with a ‘British Bill of Rights’, which would presumably be a watered down version of the HRA and they want to pull the UK out of the ECHR. However, all members of the EU must be signed up to the ECHR."
https://www.quora.com/Will-the-UK-leave-the-Council-of-Europe-as-a-result-of-the-Tories’-repealing-of-the-1998-Human-Rights-Act

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