Evaluation Points For The Sections Flashcards
Section 2 eval point
The ECHR and UK legislation isnt drafted in the same way. EU is wider while UK is narrower. (First paragraph with Bill of rights point)
Section 3 eval point
There is strain on the courts to avoid declarations of incompatabilities, this increases the power of the judges as well, which people dont like. (Paragraph 2)
Section 4 eval point
Parliamnetary sovereignty remains in tact, but they dont have to do anytrhing about the declaration of incompatability, and can still pass laws that arent convention compatible. (Paragraph 4)
Section 6 eval point
Limits the power of public authorities. This can be seen as a good and a bad thing because they are fearing being sued by their actions. (Esspecially the police) (paragraph six)
Section 7 eval point
Its much cheaper, more conveinent and less time consuming. (Add this point in introduction)
Section 8 eval point
Allows for court flexibility. This helps remedies be effective and to achive justice. (In paragraph 3 with s.19)
Section 10 eval point
Allows for issues to be fixed quickly, this leads to justice and no one else will suffer from infringement. (Paragraph 5)
Section 19 eval point
Parliament must consider human rights issues to work with the convention. But it doent have to be convention compatable which results in injustice. (Paragraph 3 w/s.8)