By the use of case law, critically assess the extent to which the domestic courts have used the Human Rights Act 1998 to enhance the protection of human rights in domestic law.

The United Kingdom is a dualist system of government which requires some special procedure in order for international law to apply. As Opposed to a monist system such as Holland, where by international laws and treaties become directly applicable. Accordingly the European Convention of Human Rights (ECHR) was signed by the United Kingdom in 1950 but it was not until 1998 that its provisions were incorporated into domestic law by way of the Human Rights Act (HRA 1998) which aimed to enhance the protection of human rights in the United Kingdom. The incorporation of the Convention gave it more influence over the development of the law where as prior to its enactment it had not managed to apply any real change regarding the development of the UKs domestic laws. It achieved this by giving the domestic courts the ability under HRA 1998 to enhance the protection of Human Rights through the v…(short extract)