HRA Flashcards
What year was the Council of Europe established?
1949
What is the primary purpose of the Council of Europe?
To promote human rights, democracy, and the rule of law
What document inspired the creation of the European Convention on Human Rights (ECHR)?
The United Nations Universal Declaration on Human Rights of 1948
When did the ECHR come into force?
1953
What is the role of the European Court of Human Rights?
To enforce and define the meaning of the rights protected under the ECHR
Is the Council of Europe the same as the European Union?
No, it is a separate organisation
What effect did the UK’s withdrawal from the EU have on the Human Rights Act 1998?
The Human Rights Act 1998 is unaffected by the UK’s withdrawal from the EU
True or False: EU law and the European Court of Human Rights operate under the same legal framework.
False
What power does the Council of Europe lack compared to the EU?
The power to legislate for its member states
Do the rights in the ECHR have supremacy over UK law?
No
What is the Human Rights Act 1998 designed to do?
Enable persons to enforce their convention rights in UK courts
Name one topic covered under the Human Rights Act 1998.
- Parliamentary sovereignty and the Human Rights Act
- Interpretation of convention rights
- Interpretation of legislation
- Declarations of incompatibility
- Public authorities
- Proceedings and judicial remedies
Can the Human Rights Act 1998 be repealed or amended?
Yes, just like any other Act of Parliament
What does Section 19 of the Human Rights Act 1998 require?
The minister in charge of the Bill must make a ‘statement of compatibility’
Fill in the blank: The Human Rights Act does not prevent Parliament from making laws that _______.
infringe human rights
What does Section 2 of the Human Rights Act 1998 require UK courts to do?
Section 2 requires all UK courts and tribunals to take into account the case law of the European Court of Human Rights when deciding upon the meaning of a ‘convention right.’
This was explained by Lord Slynn in R (Alconbury Developments Ltd) v Secretary of State for the Environment (2003) 2 AC 295 at 315.
What are the circumstances under which the Supreme Court should not follow the European Court of Human Rights decisions?
The Supreme Court should not follow the decisions if:
1. There is no decision of the European Court of Human Rights on the matter.
2. There are conflicting decisions of the European Court of Human Rights on the matter.
3. The previous decision of the European Court of Human Rights was on UK law and failed to properly understand UK law.
What must a UK court do when confronted with conflicting decisions from the European Court of Human Rights and a higher UK court?
The UK court must abide by the normal precedent system and follow the decision of the higher UK court. If the litigants are dissatisfied, their remedy is to appeal to the higher UK court.
What does Section 3 of the Human Rights Act 1998 state regarding legislation?
Section 3 states that: ‘So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.’
What new type of statutory interpretation has developed due to Section 3?
The courts may not give the words their literal meaning or might even ‘read down’ or add extra words to the legislation.
Which case illustrates the new type of statutory interpretation developed by the courts?
This process can be seen in the case of Ghaidan v Godin-Mendoza [2004] 2 AC 89.
What is the significance of Article 8 in relation to human rights?
Article 8 protects the right to a family life, which was central in a case involving a same-sex couple’s tenancy rights.
The House of Lords ruled that the couple should be regarded as living together as husband and wife.
What happens if courts cannot interpret primary legislation to comply with human rights?
If courts cannot interpret primary legislation to comply with human rights, the primary legislation remains the law.
Primary legislation is defined as an Act of Parliament or an Order in Council.
What is the difference between primary legislation and subordinate legislation?
Primary legislation remains valid even if it contravenes human rights, while subordinate legislation can be declared invalid if it contravenes convention rights.
