Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
|
Why was there a delay between the Human Rights Act being passed and its coming into force? |
To give time for public authorities to change their processes to be in accordance with the ECHR. |
|
|
What does section 1 of the Human Rights Act 1998 do? |
It incorporates the convention rights (apart from article 13) into domestic law. |
|
|
Why does the act not bring art.13 (the right to a remedy if another right is breached) into domestic law? |
There are two plausible reasons for this:
|
|
|
What does section 2 of the act regard? |
This is about the interpretation of rights and how they must be done with reference to the jurisprudence of Strasbourg. While they will not be bound by these decisions they must take them into account. |
|
|
What does section 3 of the act regard? |
That primary and secondary legislation must be read and given effect in a way which is in accordance with the convention rights. |
|
|
Ghaidan v Godin-Mendoza |
Domestic legislation said that the partner of a gay man who had died should not be allowed to continue his tenancy. However the courts decided to interpret 'spouse' as including gay partners so as to be compliant with the ECHR. |
|
|
Human Rights Act 1998 s.3(2)(b) |
The interpretation of domestic legislation only goes so far. This does not effect the validity, continuing operation or reinforcement of any incompatible primary legislation. |
|
|
Brown v Stott |
The police were allowed to use powers under s172 of the Road Traffic Act to compel people to tell them whether they were driving a car at a specific time or not. There was an argument this went against the right against self incrimination however using proportionality public safety outweighed this right. |
|
|
What, under s.4 of the Human Rights Act, can courts do when they find legislation incompatible with the ECHR? |
Make a declaration of incompatibility which does not effect the law but makes it public knowledge that there is a difference between domestic law and the ECHR. |
|
|
Wilson v First Country Trust |
The court agreed that a small mistake meaning a loan could not be recovered went against the right to peaceful enjoyment of property. However they had to use the domestic law as it could not be interpreted differently. They made a declaration of incompatibility. However this declaration was overturned by the house of lords. |
|
|
s.6 Human Rights Act 1998 |
This makes it unlawful for a public authority or official to act in a way incompatible with the convention. It also makes it unlawful where a public authority fails to act in a situation which requires an act to be compatible with the convention. |
|
|
s.8 Human Rights Act 1998 |
Sets out the judicial remedies. Damages which are to accord with those given by Strasbourg. |
|
|
s.19 Human Rights Act 1998 |
This details a statement of compatibility to be made prior to its second reading in parliament. This statement is not necessary. |
