Role of Courts in Fulfilling the Objectives of the Human Rights Act 19 Research Paper

Role of Courts in Fulfilling the Objectives of the Human Rights Act 1998 - Research write up ExampleThe author of the paper states that the discrepancy created, in determining as to who constitutes a public authority, by the UK courts has adversely affected human rights protection. The failure of the courts to properly utilize the mandate given to them by Parliament, in this context, has proved to be unfair and biased towards individuals thereby violating the provisions of the Human Rights Act 1998. As much(prenominal) the present status of the case law, in this regard, has proved to be irreconcilable with the objectives set out by Parliament. The Courts have been interpreting the provisions of partitioning 6(3) (b) in a narrow way so that around of the organizations are not covered by the definition of Public Authority. The result is that the rights provided by the European meeting are not being implemented properly. Furthermore, courts are determining whether a regulatory body lav be considered as a public authority, under the purview of s 6(3)(b), Human Rights Act, on the radical of their institutional position. In the Aston Cantlow case, the House of Lords had opined that there was a need to adopt a different come along while dealing with important public authorities. This new approach was to be different from that adopted in cases involving functional agencies. Under Section 6(1) of the Human Rights Act, such internality public authorities have to invariably ensure that the rights provided by the group are respected in their activities, irrespective of public or mystic activities. Section 6(3) (b) of the Human Rights Act stipulates that the core authorities are under an obligation to ensure that the rights of Convention had been adhered to in their public functions. According to Lord Hope, there should be a clear demarcation betwixt the public and private functions of core authorities, as required by Section 6(3) (b) of the Human Rights Act. T his particular section has wide applicability and is dependent to a large extent on the various factors involved in any particular case. The function performed by any particular authority determines whether that authority is a core public authority.