Human Rights Essay Example | Topics and Well Written Essays - 4000 words - 2

Human Rights - Essay Example (Fenwick, H.; â€Å"Civil Liberties and Human Rights†; 2007). The answer lies in the fact that Section 3 of the Human Rights Act, as also many other sections, hedges its bets by saying that, â€Å"so far as it is possible to do so†, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention’s rights. For instance, Section 12 of the Human Rights Act emphasises the role of courts in defending the right to freedom of expression, and states that this Section applies if a court is considering â€Å"whether to grant any relief which, if granted, might affect exercise of the Convention right to freedom of expression†. (Coppel, J; â€Å"Human Rights Act 1998: Enforcing the European Convention on Human Rights in Domestic Courts†; 1999) Moreover, it is considered unlawful for a court to act in a manner contrary to a Convention right â€Å"unless obliged to act in such a way by a provision of primary legislation†. (www.highbeam.com/doc/IP3-77629772.html). (www.opsi.gov.uk/acts/acts 1998/ukpga/19980042_en_1) Incidentally, discretionary increase in police powers has landed the UK Government at least once in the soup. Article 15 of the Convention states in Para 1 that â€Å"in times of war or other public emergency threatening the life of the nation, any contracting party may take measures derogating from its obligations under the Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law†. However, in the case of Brogan and others v United Kingdom (1988; II EHRR 117) four persons were arrested on the suspicion that they were provisional members of the IRA, and detained under Section 12 of the Prevention of Terrorism Act 1984.They were released after four-to-six days. They claimed that Britain had violated several parts of the Article 5 of the