The Human Rights Act 1998, under which rights must be “brought home” (1), incorporates the rights guaranteed by the European Convention on Human Rights of 1950 in national law. This appears to raise questions in the UK regarding the separation of powers, as it appears to give the courts new powers which challenge the sovereignty of Parliament and the Executive at some level. This essay will discuss the scope of judicial power through the content of HRA 98, then through the competing rights concerning privacy and freedom of the press and finally through those concerning fair trial and freedom of expression. Section 3 of the HRA 98 states: "So far as possible, primary legislation and subordinate legislation shall be read and applied in a manner which is consistent with Convention rights." It applies to primary legislation and subordinate legislation whenever it is enacted. This obligation also applies to all courts. This is a major change, as the fundamental role of the judge was to interpret legislative laws in accordance with the will of Parliament and no other authority.(2) The case of Ghaidan v Godin-Mendoza (2004)( 3) concerns the right of the same-sex partner to inherit property. rental of the deceased. Prior to the application of HRA 98, the judgment would have been similar to the Fitzpatrick case (4) which provides that in the Rent Act 1977 the definition of family does not include same-sex relationships. Thus, a homosexual partner is not considered a spouse or part of the family, and cannot inherit the tenancy of the deceased partner. But in the present case, the tenant having died after the entry into force of HRA 98, applying such a decision would have been contrary to Article 14 of the Convention, read in conjunction with Article 8. Indeed, the status ...... middle of paper ...... " (2013). Publications and other works of the Georgetown Law School. Document 1168. accessed on 04/18/2014 HL Debates, Vol. 229, col. 638Home Office, Rights Brought Home: The Human Rights Bill, Cm 3782Press Gazette, 'Society of Editors: Paul Dacre's speech in full' (9 November 2008)< http://www.pressgazette.co.uk/node/42394> accessed 20/04/14TABLE OF CASESArgyll v Argyll [1965] 1 All ER 611Associated Provincial Picture House LTD v Wednesbury Corporation (1948) 1 KB 223Attorney General v Davey (2013) EWHC 2317Campbell v MGN Ltd (HL) [2004] 2 AC 457Fitzpatrick v Sterling Housing Association [1999] 4 All ERGhaidan v Godin-Mendoza (2004) [2004] UKHL 30Kaye v Robertson and another (1991) FSR 62TABLE OF STATUTESEuropean Convention on Human Rights, 1950Human Rights Act 1998 Rent Act 1977