header-logo header-logo

03 October 2025 / Alistair Mills
Issue: 8133 / Categories: Features , Human rights , EU , Constitutional law , Judicial review
printer mail-detail

Human Rights Act: Aspirations, enforcement & remedies

231391
Twenty five years after coming into force, the Human Rights Act has embedded itself in UK law, strengthening rights without unsettling the constitution, writes Alistair Mills

  • Considers the methods used in the Human Rights Act 1998 to secure the protection of rights.
  • Notes that the Act largely uses existing and recognised legal techniques, easing the adoption of human rights standards.

In the run-up to the passing of the Human Rights Act 1998, some saw a codified set of rights as something foreign to the common law method—and all the more foreign when it came from an instrument entitled the European Convention on Human Rights (ECHR). On this conception, the Act acted like an organ transplant, importing something from the outside into domestic law.

There are reasons to doubt the appropriateness of this metaphor. There were important ways in which the ECHR reflected the principles of the common law, and was therefore not foreign to the UK’s legal system. Further, technically, the Human Rights

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll