9. HRA

Question 1

If a parent of a deceased child wishes to make a claim that their ECHR rights were violated - can they bring a claim?

Answer 1

1. Yes, if the individual who could have alleged the CoA is dead, their next of kin may bring a claim
2. Through judicial review

Question 2

When can a court award damages for a public body’s unlawful infringement on a convention right?

Answer 2

If it is necessary ‘to afford just satisfaction’ to the injured party.

Question 3

Relevance of ‘remedial order’ wrt HRA 1988.

Answer 3

1. Remedial order changes UK law to make it compatible with convention rights
2. s 10 HRA creates a ‘fast track’, the gov may make a remedial order if there are compelling reasons to do so
3. this is delegated legislation, has to be approved by parliament under affirmative procedure

Question 4

Requirements for a minister introducing a bill which is incompatible with convention rights

Answer 4

Written statement acknowledging they cannot make a statement of compatibility but wish to proceed regardless

Question 5

What does the HRA 1988 say about public authorities and compliance with convention rights?

Answer 5

Section 6(1) of the HRA 1998 provides that it is unlawful for a public authority to act in
a way that is incompatible with Convention rights.

However, this does not apply if, as a result of an Act of Parliament, the authority could not have acted differently, or the authority is giving effect to, or enforcing, provisions of an Act that are incompatible with the Convention (s 6(2)).

Question 5

Who can make a declaration of incompatibility?

Answer 5

High Court or above

Question 6

Is the court a public authority for the purposes of the s 6 HRA 1998?

Answer 6

Yes

Question 7

How can convention rights be enforced against private individuals?

Answer 7

1. Generally, HRA applies to public authorities
2. but the court is a public authority so any cause of action concerning a convention right before the court must be adjudicated in line with HRA 1998
3. Principle of horizontal effect

Question 8

Can judicial review be used to set aside delegated legislation which is incompatible with convention rights

Answer 8

Potentially yes

Question 9

Can pressure groups bring claims for breaches of convention rights against public bodies under HRA?

Answer 9

NO - but they can use judicial review potentially

Question 10

Which types of freedom of speech are ‘especially’ deserving of protection?

Answer 10

Political speech and artistic speech / impression

• not necessarily celebrity gossip etc.