Enforcement of Human Rights

Question 1

What does s.2(1) HRA 1998 state?

Answer 1

Domestic courts should take into account the previous precedent of the ECtHR if an issue regarding rights arises.

Question 2

What does s.3(1) HRA 1998 state?

Answer 2

Legislation should be drafted in a way that is compatible with the convention rights.

Question 3

What does s.4 HRA 1998 state?

Answer 3

The courts may make a declaration of incompatibility if a part of a statute contradicts the Convention right.

Question 4

Give an example of a declaration of incompatibility case.

Answer 4

R (Anderson) v. Home Secretary - s.29 Crime (Sentences) Act 1997 was incompatible - later repealed by s.303 Criminal Justice Act 2003.

Question 5

What is Locus Standi?

Answer 5

Place of standing - the idea that the person must have legal interest in the outcome of the case.

Question 6

Can pressure groups have locus standi?

Answer 6

Yes (R v. The Inspectorate of Pollution ex parte Greenpeace)

Question 7

How soon does a challenge have to be brought by?

Answer 7

3 months - Civil Procedure Act 1999.

Question 8

What are the three bases for judicial review?

Answer 8

1) Illegality (substantive and procedural)
2) Fairness (public body must use powers fairly)
3) Irrationality and proportionality (Wednesbury)

Question 9

What are the six remedies for judicial review?

Answer 9

• Damages
• Quashing order - overturned the public body’s decisions.
• Prohibiting order - stop public body’s future actions.
• Injunction
• Mandatory order - make public body follow law.
• Declaration.