HRA

Question 1

What year was the Council of Europe established?

Answer 1

1949

Question 2

What is the primary purpose of the Council of Europe?

Answer 2

To promote human rights, democracy, and the rule of law

Question 3

What document inspired the creation of the European Convention on Human Rights (ECHR)?

Answer 3

The United Nations Universal Declaration on Human Rights of 1948

Question 4

When did the ECHR come into force?

Answer 4

1953

Question 5

What is the role of the European Court of Human Rights?

Answer 5

To enforce and define the meaning of the rights protected under the ECHR

Question 6

Is the Council of Europe the same as the European Union?

Answer 6

No, it is a separate organisation

Question 7

What effect did the UK’s withdrawal from the EU have on the Human Rights Act 1998?

Answer 7

The Human Rights Act 1998 is unaffected by the UK’s withdrawal from the EU

Question 8

True or False: EU law and the European Court of Human Rights operate under the same legal framework.

Answer 8

False

Question 9

What power does the Council of Europe lack compared to the EU?

Answer 9

The power to legislate for its member states

Question 10

Do the rights in the ECHR have supremacy over UK law?

Answer 10

No

Question 11

What is the Human Rights Act 1998 designed to do?

Answer 11

Enable persons to enforce their convention rights in UK courts

Question 12

Name one topic covered under the Human Rights Act 1998.

Answer 12

• Parliamentary sovereignty and the Human Rights Act
• Interpretation of convention rights
• Interpretation of legislation
• Declarations of incompatibility
• Public authorities
• Proceedings and judicial remedies

Question 13

Can the Human Rights Act 1998 be repealed or amended?

Answer 13

Yes, just like any other Act of Parliament

Question 14

What does Section 19 of the Human Rights Act 1998 require?

Answer 14

The minister in charge of the Bill must make a ‘statement of compatibility’

Question 15

Fill in the blank: The Human Rights Act does not prevent Parliament from making laws that _______.

Answer 15

infringe human rights

Question 16

What does Section 2 of the Human Rights Act 1998 require UK courts to do?

Answer 16

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.

Question 17

What are the circumstances under which the Supreme Court should not follow the European Court of Human Rights decisions?

Answer 17

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.

Question 18

What must a UK court do when confronted with conflicting decisions from the European Court of Human Rights and a higher UK court?

Answer 18

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.

Question 19

What does Section 3 of the Human Rights Act 1998 state regarding legislation?

Answer 19

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.’

Question 20

What new type of statutory interpretation has developed due to Section 3?

Answer 20

The courts may not give the words their literal meaning or might even ‘read down’ or add extra words to the legislation.

Question 21

Which case illustrates the new type of statutory interpretation developed by the courts?

Answer 21

This process can be seen in the case of Ghaidan v Godin-Mendoza [2004] 2 AC 89.

Question 22

What is the significance of Article 8 in relation to human rights?

Answer 22

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.

Question 23

What happens if courts cannot interpret primary legislation to comply with human rights?

Answer 23

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.

Question 24

What is the difference between primary legislation and subordinate legislation?

Answer 24

Primary legislation remains valid even if it contravenes human rights, while subordinate legislation can be declared invalid if it contravenes convention rights.

Question 25

What is a declaration of incompatibility?

Answer 25

A declaration of incompatibility is made when primary legislation cannot be interpreted to be compatible with convention rights, allowing the High Court to declare this.

The primary legislation remains in force, and it is up to Parliament to decide whether to change the law.

Question 26

What powers does a court have regarding laws that breach convention rights?

Answer 26

A court can declare that a law breaches convention rights but has no power to make that law invalid.

Question 27

How can Parliament respond to a declaration of incompatibility?

Answer 27

Parliament can repeal or amend the offending legislation using an ordinary Act of Parliament, or it can use a fast track procedure under section 10 with delegated legislation.