Enforcement of HR Flashcards
Human rights Act 1998
Allow individuals to assert convention rights in English courts.
1966 role before 2000
ECHR hear complaints from UK and allowed citizens individually to bring case.
What is Judical review?
Used to challenge actions of public body.
What is Judical review finding about?
A judge reviews the lawfulness of a decision or action made by pubic authority.
What is the scope of Judical review?
A decision of any public body which you say breaches HR.
Where does Judical review happen?
In high court known as Administrative or Upper tribunal.
Who can make a claim?
Anybody effected can make a claim but has to have legal standing and go through all remedies first.
What does the claimant have to prove?
A public body refuses to make decision in a certain way and is beyond powers given too law.
What does the claimant have to prove case ?
AB
Public bodies include
Government, Police forces and Public authorities.
What power does the court have?
Court has power to challenge decisions of public body.
What happens in the result of Judical review?
If Judical review successful than Judge will ‘quash’ or ‘nullify’ original decision so it can be made again.
Whats the grounds for Judical review?
Illegibility
Ultra Vires
Fairness
Irrationality and proportionality
Illegibility
Guidance and policy do not have to be followed but should unless their is a good reason.
Illegibility case
Fullham
Ultra Vires
If parliament can not authorise administrative action legality is ultra vires.
Ultra Vires case
Aylesbury
Fairness
Public body must use it’s powers fairly and not abuse their powers.
Irrationality
Body must not act perversley.
Irrationality case
Wednesbury
Proportionality
Balance legitimate aims of state with citizen’s rights.
Proportionality case
Swindon
Quashing order
Cancellation of decisions.
Prohibiting order
Court order stop public body’s future actions.
Mandatory Order
Court order makes the public body follow the law.
Living Instrument cases
Rees
Goodwin
When does JR occur
Must be within 3 months and only where there is no other way of challenging the decision
What is a living instrument?
ECtHR is not bound by previous precedent.
What test is a principle?
The proportionality test
What does the proportionality test cover?
What rights are balanced?
What is the aim of the public body in making their decision?
