Purpose and Effects of Section 4 of Human Rights Act Assignment

Purpose and Effects of Section 4 of Human Rights Act - Assignment ExampleIn the case of elemental justices, the right simply accrues upon a finding of inconsistency but in the case of secondary laws, there must be a determination of incompatibility in addition to the requirement that the primary legislation relevant to it prevents its removal. Instances, when the courts used this prerogative, is in the cases of International Transport Roth GMBH and others v Secretary of State for the Home subdivision and the R (H) v Mental Health Review Tribunal N&E London Region.In Roth, a group of lorry drivers and haulage companies challenged bureau II of the Immigration and Asylum Act for being incompatible with convention rights. The said legislation was passed to answer the flagrant clandestine illegal entry by penalizing, among others, the owner, driver, operator, and hirer with a fine of 2000. The lower court decl ard the said provisions of law incompatible with Art 6 of the HRA because it penalizes, in effect, a woeful act despite its claim to the contrary and therefore violates Art 6 because the determination of guilt, among others, is single left to the Secretary of State and Art 1 because of the penalization of vehicle detention involved infringement on property rights. On the other hand, in the R(H) case, the court made a determination of incompatibility against s 73 of the Mental Health Act of 1983 on the ground that it violates Art 5 on the Right to Life and Liberty by placing the burden of realty on the applicant rather than the hospital in showing basis for detention of patient in a mental hospital.As stated, only certain courts enumerated by s 4 can exercise this prerogative. However, the preceding section of the HRA which requires that both primary and secondary legislation must be read and give effect in a way which is compatible with Convention rights does not distinguish which courts are obliged or not. The implication is that although not all co urts are given the prerogative to declare incompatibility with convention rights, all courts must nevertheless take into consideration the issue of compatibility but apply the national law just the same. The remedy in such cases is an appeal to a higher court with the power to declare such incompatibility.