EXTRA-The impact of the European Convention and the Human Rights Act 1998 Flashcards
What was the European Convention?
This was a document drawn up mainly by British lawyers in the Home Office. The bodies responsible for its implementation began work in 1953
From what year were British citizens allowed to access the European machinery?
1965
What did it mean when in 1965 British citizens were allowed to access the European machinery?
This meant that although the Convention was not part of British law, citizens who felt that their rights had been denied could take their case to Strasbourg to gain redress and possibly compensation
On average how long does it take to get action into the European Court of Human Rights?
5 years
What was the average cost of taking a case to the ECHR?
£30,000
What does the HRA allow citizens to do?
to bring grievances to British courts without the delay and cost of taking cases to the ECHR
Who has the right of interpreting the convention in a particular case?
the Court of Human Rights which sits in Strasbourg
What puts controls on the HRA?
the qualifications that lists the exceptions to each basic statement
What did prisoners gain the right to do when the case was taken to the ECHR?
won rights to consult a lawyer or write to an MP
in the 1990’s why were there problems regarding the EU convention?
Britain were bound by it but citizens had difficulty using it
What did the HRA 1998 allow judges to do?
This allowed them to declare a particular law incompatible with the Convention enabling government and parliament to change or make a fast track procedure if necessary
How did the HRA 1998 not pose a threat to parliamentary sovereignty?
as unlike Canada where the courts can strike down offending Acts of Parliament, judges would be instead able to declare a particular law incompatible with the Convention allowing the government to change it if they wish and provide a fast track procedure for them to do so
When did the HRA 1998 become operative?
October 2000
What did the HRA 1998 provide?
the first written statement of the rights and obligations of the British people by incorporating most of the ECHR into British law.
What are judges now required to interpret under the HRA 1998?
what the law is in a particular situation when a citizen brings a case under the ‘broad bush’
Who, along with Conservative criticisms, argued at the time of the passing of the HRA 1998 that allowing power to pass from an elected parliament to judges who cannot be dismissed was a threat?
William Hague
What did Tony Blair argue in regards to the HRA 1998?
that the courts would provide an essential check upon the might of the overweening executive
What is a circumstance where the HRA 1998 failed and a criminal received £4,000?
a convicted rapist was given £4,000 compensation because his second appeal was delayed
What did David Cameron say he would scrap the HRA 1998 for?
a Bill of Rights
Between 2000-2002 how many cases involving human rights were heard in the high courts out of 431 cases?
94
Between what years were 94 out of 431 HRA cases heard in the high courts?
2000-2002
What did Starmer say regarding the HRA 1998?
‘hand on heart, the HRA has changed the outcome of only a very few cases’
Who said
‘hand on heart, the HRA has changed the outcome of only a very few cases’?
Starmer
