Saturday, December 17, 2011

How might legislation that appears contrary to the rule of law be challenged under the Human Rights Act 1998?

I have to answer this question for my law exam and I have absolutely no idea about what to write. I've checked on the internet and in books but I can't find anything at all. I would appreciate any help at all.|||What sort of legislation might appear contrary to the rule of law?





Maybe something that deprives people of the right to a fair trial? That could be challenged under article 6.





Maybe something that allowed punishment for something that wasn't illegal when it was done? That could be challenged under article 7.|||It seems almost contradictory to be challenging a legislation that appears to be breaching the Human Rights Act 1998 when British Parliament have attempted to come out of the ECHR when clearly, the HRA 1998 is a total embodiment of ECHR into HRA1998.

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