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Words: | Submitted: Mon Feb 16 2004
... Rights to enforce their fundamental rights. So why did the government pass The Human Rights Act 1998? Politically it did not look good that a government's nationals would have to go outside their own country to get a just result what's more is that it was a lengthy and costly process. The Human Rights convention had always existed in the EU, English judges could use the convention as an aid to interpretation however could not enforce the convention through the courts. Derbyshire County Council v Times Newspapers Ltd 1993 "Where there is ambiguity English courts are not only entitled but obliged to consider the implications of Article 10." Butlersloss LJ CA asking could the local council sue in the tort of defamation? The Times relied on article 10. This case demonstrated how it could use it as an aid but not enforce it. Other cases include Attorney General V the Guardian ...
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