Enforcement

Question 1

What is covered by s6 Human Rights Act 1998?

Answer 1

Makes it unlawful for a public authority to act in a way that is incompatible with a convention right

Question 2

What is covered by s7 Human Rights Act 1998?

Answer 2

Means that legal proceedings can be taken against an authority that acts in a way made unlawful by s6

Question 3

What is covered by s8 Human Rights Act 1998?

Answer 3

Means that if the action is found unlawful, the individual can be entitled to any remedy seen just and appropriate

Question 4

Can a claim be brought under the HRA against Parliament?

Answer 4

No, Parliament is not considered to be a public authority and, due to the doctrine of Parliamentary Supremacy, it can make law that is incompatible with the ECHR. Courts and tribunals are considered to be public authorities for the purpose of the Human Rights Act 1998.

Question 5

Which case set out the test for proportionality?

Answer 5

R v Secretary of the State for the Home Department, ex parte Daly

Question 6

What must a claimant set out when bringing an action to the ECtHR?

Answer 6

The facts
The Articles that they alleged have been breached
That the claim is admissible
The remedy sought
That they have exhausted all domestic remedies`

Question 7

How many initial applications to the ECtHR are declared inadmissible?

Answer 7

90%

Question 8

Is the ECtHR bound by precedent?

Answer 8

No, the ECtHR considers the ECHR to be a ‘living instrument’, which means that, whilst they tend to follow previous decisions, they are not strictly bound by precedent