Discuss the key provisions of the Human Rights Act 1998 and the criticisms made of them. To what extent are these criticisms valid?

Question 1

How many sections are there?

Answer 1

7 (1-8 excluding 5)

Question 2

What does section 1 say?

Answer 2

We must incorporate ECHR rights into domestic laws

Question 3

What does section 2 say?

Answer 3

Courts must “take into account” prior ECtHR decisions where relevant

Question 4

What does section 3 say?

Answer 4

Interpretation of domestic legislation- the need for compatibility of domestic and primary legislation with the ECHR

Question 5

What does section 4 say?

Answer 5

Declaration of incompatibility when the court determines that it’s incompatible with a convention right

Question 6

What does section 6 say?

Answer 6

Unlawful for public authority to act in a manner which is incompatible with the ECHR

Question 7

What does section 7 say?

Answer 7

Limitations on who may bring a claim

Question 8

What does section 8 say?

Answer 8

Remedies

Question 9

What did tony blair say about s.1?

Answer 9

That it was “bringing rights home” directly into the UK

Question 10

Why is s.1 a positive?

Answer 10

Because it means that we can get an effective outcome sooner because it’s in the UK now. It saves time and is cheaper and more people will claim now because of this

Question 11

What used to have to be done before s.1?

Answer 11

Claimants had to go to the ECtHR but it can be done domestically now so it saves time and money

Question 12

What happens if an act is incompatible with the ECHR after the HRA was introduced?

Answer 12

Either draft a declaration of incompatibility or interpret an act to make it compatible

Question 13

What happened to the duty of the court in interpreting an act after the HRA was introduced?

Answer 13

The court must interpret the act to comply with the ECHR as far as possible

Question 14

What happened with the use of the ECtHR cases in domestic law after the HRA was introduced?

Answer 14

Duty of the court to take the ECtHR’s decisions into account

Question 15

What happens with D being able to argue ECHR rights in court after the HRA was introduced?

Answer 15

Directly enforcable right to do so

Question 16

What happened with the remedy for ECHR breach after the HRA was introduced?

Answer 16

`Directly available in domestic courts

Question 17

What happened with the effect of ECHR violations by public authority after the HRA was introduced?

Answer 17

It’s unlawful

Question 18

What does s.2 boil down to?

Answer 18

Precedent must be taken into account but not necessarily followed

Question 19

Why do we only take ECHR precedent into account and not follow it?

Answer 19

Because the ECtHR’s hierarchy is seperate from the UK courts

Question 20

How does s.2 give wiggleroom?

Answer 20

Because they legally don’t have to follow it but do legally have to factor it in

Question 21

What is primary legislation?

Answer 21

Legislative

Question 22

What is secondary legislation?

Answer 22

Executive

Question 23

What is an example of a declaration of incompatibility?

Answer 23

The terrorism act is not compatible with article 5 right to liberty as they are detained for 14 days

Question 24

What is a more modern example of a declaration of incompatibility?

Answer 24

The police, crimes and sentencing bill is a potential breach of article 5

Question 25

What case shows that there is no declaration of incompatibility?

Answer 25

Hirst- prisoners were banned from voting and it breached article 10 right to freedom of expression

Question 26

What case shows that there is a declaration of incompatibility?

Answer 26

Bellinger v Bellinger- transexual person tries to marry but marriage was between a man and a woman

Question 27

What is the issue jeremy bamber argued under s.4?

Answer 27

That whole life tariffs breach article 5 right to liberty, but the ECHR did not agree