The that a new primary legislation would

The European Convention of Human Rights guarantees civil and political rights. It has been supplemented by additional treaties called protocols. Any person who feels their right has been violated an is a citizen in a country which is a signatory can then pursue their case in court. The Human Rights Act of 1998 incorporated the rights in the European Convention of Human Rights into the UK law. This by definition means that the judiciary is binded to the rights that are listed in the European Convention of Human Rights. At the moment, the UK Bill of Rights constitutes all the rights that are allocated in the European Convention of Human Rights. In withdrawing from the European Convention of Human Rights, the United Kingdom would be in fact without a convention to protect the rights of individuals. This would mean that a new primary legislation would have to be drawn by Parliament to ensure that the rights that we lost when leaving the European Convention of Human Rights would be reinstated. This adds a significant strain onto Parliament as it would have a limited amount of time to draft up a legislation of that magnitude. The next part of this question, we would have to dive into the prerogative powers of the monarch. Since the United Kingdom does not have a constitution, the powers of the monarch are derived from an Act or Parliament. This means that the prerogative is a matter of the common law and does not derive from statutes. Parliament is not allowed to create new prerogatives for the monarch but may confer new rights or powers that may be have similar characteristics of the Royal prerogative. The Queen has prerogative powers in relation to legislation. This prerogative although rather limited only allows the Crown to confer benefits upon citizens but not restrictions. In the area of the judiciary system, the Crown unlike the ancient days cannot create new courts to administer any other from of legislation other than the common law. The Crown has the prerogative of the Royal Assent which is essentially the rubber stamping of laws. This goes to show that the Crown has a minimal influence on how the country is run and has to act on the advisement of ministers. The Crown has a prerogative in foreign affairs in the instance of acquiring additional territories. The Crown could in fact prevent a person from leaving the country but it is doubtful that it will be enforced in this day and age. Other prerogative powers of the Crown include in declaring war, appointments and conferring honours. The Crown in her own prerogative powers could not withdraw the United Kingdom from the European Convention of Human Rights. This is because although treaties may have been signed under the authority of the prerogative, the Queen would not be able to withdraw a signatory. Assuming that Parliament, conferred power onto the Queen to withdraw a signatory then it would be possible. Nevertheless, it would not be considered as a prerogative of the Crown. It would be addition of power to the Crown via an Act of Parliament. It would therefore be easier if Parliament had passed a legislation on its own to withdraw the United Kingdom from the European Convention of Human Rights.