comparing HRA to bill of rights active recall Flashcards
What would the Bill of Rights Bill 2015 have repealed?
The Human Rights Act 1998
The Bill aimed to change the framework of human rights law in the UK.
Who can a claim be brought against under the proposed changes of the Bill of Rights Bill?
A public body
Claims could still be made against public bodies, but with new limitations.
What new obligation would be required from claimants under Section 7 of the Bill of Rights Bill?
To show significant disadvantage
This would limit the number of human rights claims.
What change would the Bill of Rights Bill make regarding the ECHR’s jurisprudence?
Change ‘take into account’ to ‘disregard’
This would allow UK courts more freedom to depart from the Human Rights Act.
What effect would the Bill of Rights Bill have on the living document doctrine?
It would end its applicability in UK Law
This would mean existing rights could not be expanded by domestic courts.
What would happen to the interpretation of legislation under the Bill of Rights Bill?
The law would no longer be interpreted with convention rights
This would reduce judicial influence on the law.
How would rights be balanced under the proposed Bill of Rights?
Parliament’s intent would have a prominent role
The protection of the public would be considered a weighty factor.
What new right would be added under the Bill of Rights Bill?
The Right to jury trial
This would apply only when the defendant requests it in serious criminal cases.
How would Article 8 (the right to a private life) be affected by the Bill of Rights Bill?
Limited to allow for easier deportation of foreign prisoners
This represents a significant change in the interpretation of privacy rights.
What was the outcome of the Hirst (no2) case regarding prisoners’ voting rights?
The ECtHR upheld the rights of prisoners, but the UK government ignored the ruling
The Bill of Rights would likely have further enabled this disregard.
In the Abu Qatada case, what was the House of Lords’ ruling?
Qatada could be deported to Jordan
The ECtHR later ruled against this decision, impacting future legal challenges.
What would the Bill of Rights Bill’s approach to the ECtHR’s decisions mean for future cases?
UK courts would be entitled to ‘disregard’ the convention
This would prioritize public protection and Parliament’s will.
True or False: The Bill of Rights Bill would create new positive obligations for public bodies.
False
The Bill would prevent the addition of new obligations.
