European & Equity Law of UK Essay Example | Topics and Well Written Essays - 2000 words

European & Equity Law of UK - Essay Example The Treaty obligates UK to legislate in line with the international law in securing universal human rights it envisages. The Treaty also established the European Court on Human Rights (ECtHR) to give individual British citizens an appeal option for those who feel that their rights have been violated under the local law (Davies, & Virgo, 2013). As such, many UK citizens have filed their appeals at the Strasbourg Court, with a majority of the cases being decided in their favour and thus piling more pressure on UK government to make more liberal laws. Such EU Decisions prompted the UK parliament to pass the Human Rights Act 1998, which has been in effect since 2000. The Act is deemed as a local reflection of the human rights provisions under the EU Convention, which the Labour government promised the voters in 1997. The domestication of the EU law arguably ensures justice by limiting the cost and time of having to pursue justice at the Strasbourg Court. The HRA Act 1998 also imposed an obligation on the local UK courts to adopt the precedents set by the ECtHR when deliberating similar cases in a manner that explains the tremendous influence on local law. In the event that local courts and parliament disagree with the international law, UK would be deemed as failing to safeguard individual rights. As such, I believe UK would be at pains to fend off arguments that it is in utter violation of its international duties under the treaty. The ECtHR has in it its rulings attempted to create harmony with local state mechanisms by ensuring that its rulings are flexible under the principle of margin of appreciation. When issuing its verdicts on cases, this principle gives states some freedom in enforcing human rights based on their customized needs. Regardless, this has been insufficient on the issues where London starkly is in conflict with the ECtHR decisions. In the recent past, UK’s government has been in