evaluating HRA active recall Flashcards
When did Britain ratify the European Convention of Human Rights?
1966
What was the promise made by New Labour in their 1997 manifesto?
To ‘bring rights home’ allowing remedies in domestic courts
What significant legislation did the Labour Government pass in 1998?
The Human Rights Act 1998
When did the Human Rights Act 1998 come into effect?
2000
What must the Court take into account according to section 2 of the Human Rights Act 1998?
The Convention Rights
What does section 3 of the Human Rights Act 1998 state about interpreting statutes?
The Court must interpret statutes in line with the convention
What can the Court issue if a Convention right cannot be interpreted according to section 4?
A declaration of incompatibility
Who can bring a case against public authorities under the Human Rights Act 1998?
A person who is, or may be affected, with sufficient standing (S7)
What does section 6 of the Human Rights Act 1998 pertain to?
Cases can be brought against a wide range of public authorities
What remedy does the Human Rights Act 1998 allow courts to grant?
‘Any just and appropriate remedy’
What obligation does section 19 of the Human Rights Act 1998 impose on ministers?
To outline whether any new bill is compliant with the human rights act
What does the Human Rights Act 1998 incorporate into British law?
ECHR rights
How can rights be limited according to the text?
Where new threats, such as risks to national security, are involved
What does the term ‘living document’ refer to in the context of the European Convention on Human Rights?
It means the obligations states have signed up to can evolve over time
What is a consequence of the time-consuming nature of qualified rights?
Higher costs and backlogs in the legal system
What case highlighted that the Supreme Court is not bound by the ECtHR?
Manchester City Council V Pinnock
What does the Human Rights Act 1998 allow judges to do regarding Acts of Parliament?
Reinterpret Acts to comply with the convention
What happens if courts cannot interpret legislation in a convention-compatible manner?
They can issue declarations of incompatibility
What does S6 of the Human Rights Act state about public authorities?
Functions must be of a public nature
What is a limitation of the Human Rights Act regarding purely private entities?
It provides no protection for human rights violations by private bodies
What can individuals claim under S7 of the Human Rights Act?
Standing and to have been affected themselves
What was the outcome of Metropolis v DSD, NBV (2015)?
A failure by the police to investigate rape was seen as a breach of Article 3
What does the Human Rights Act respect according to the text?
Parliamentary Sovereignty and democratic legitimacy
What does the statement by ministers under S19 indicate?
Whether bills comply with convention rights
True or False: The courts can strike down legislation under the Human Rights Act.
False
What type of cases does the Human Rights Act add to the civil system?
Human rights-based cases
What does the term ‘declaration of incompatibility’ refer to?
A court’s statement when legislation cannot be interpreted in line with the convention
What is the impact of the Human Rights Act on the common law?
Courts have interpreted themselves to be bound by it
Fill in the blank: The lack of an effective remedy may not assist the _______.
victim
What does the Human Rights Act allow regarding rights protection?
It allows individuals to seek a remedy before rights are affected
