HRA

Question 1

what is the main function of the HRA?

Answer 1

to incorporate the body of law in the ECHR into UK law

Question 2

what is an absolute right?

Answer 2

they cannot be legitimately interfered with by the state

Question 3

what is a limited right?

Answer 3

in certain prescribed circumstances these rights can be legitimately interfered with by the state.

eg, right to life, right to liberty, right to fair trial

Question 4

what is a qualified right?

Answer 4

within the article there is a paragraph which details the circumstances and methods when the right can be lawfully interfered with by the state.

eg, freedom of expression, freedom of assembly, right to private and family life

Question 5

how can a qualified right be lawfully interfered with by the state? (what are the 3 things that need to be met)

Answer 5

1. interference was prescribed by law, or in accordance with the law
2. the interference was in pursuit of a legitimate aim
3. the interference was necessary in a democratic society (proportionate)

Question 6

what is a positive obligation on the state?

Answer 6

the state can, in certain circumstances, be under a duty to prevent the violation of HRs being carried out by relevant non-state actors

Question 7

what is the margin of appreciation doctrine?

Answer 7

the initial and primary responsibility for the protection of HRs lies with the contracting parties themselves

Question 8

is parliament in its legislative role and any person exercising functions in connection with parliament a public authority? (for purposes of HRA)

Answer 8

No they are not this is to protect parliamentary privilege and sovereignty

Question 9

what are core public authorities?

Answer 9

they are public authorities which are clearly and inherently by their very nature public in nature.

Question 10

what is a functional or hybrid public authority?

Answer 10

body which may be private in nature, but which is performing a function of a public nature may be liable under the HRA in respect of that particular public function.

Question 11

who can bring a claim for HRA?

Answer 11

must be a person and they must be a victim of the unlawful act (have standing) and be within the time limits (must commence within 1 year of the date of the act complained of)

Question 12

can a person have the time limit to bring a claim under HRA be extended?

Answer 12

yes extension of time may be granted in exceptional cases where court considers it equitable to do so in all the circumstances

Question 13

what does S3 HRA say?

Answer 13

so far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way which is compatible with convention rights

Question 14

what is a declaration of incompatibility?

Answer 14

when it is not possible for the court to read legislation in a convention compatible way, the court may make a declaration that the legislation is incompatible with the convention

Question 15

is it compulsory or discretionary for a court to make a declaration of incompatibility?

Answer 15

it it discretionary for the court to to make a declaration of incompatibility

Question 16

what does S6 of HRA say?

Answer 16

they it is unlawful for public authorities to act in a way that is incompatible with a convention right.

Question 17

what is the statutory defence in s6(2) HRA?

Answer 17

a) as a result of one or more provisions of primary legislation, the authority couldn’t have acted differently; or
b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the convention rights, the authority was acting so as to give effect to or to enforce those provisions

Question 18

what are the remedies outlined in S8 HRA?

Answer 18

court can grant a relief or remedy, or make such order, within its powers as it considers just and appropriate
normal range of remedies includes damages, declarations, injunctions and quashing orders, prohibitory orders and mandatory orders.

Question 19

when can derogation happen?

Answer 19

in time of war or other public emergency threatening the life of the nation any high contracting party may take measures derogating from its obligations

Question 20

can a state be liable for acts that have occurred outside of its geographical jurisdiction?

Answer 20

yes they can, although it is normally limited to the state’s own geographical jurisdiction. there are certain exceptional circumstances when a person can make a claim for acts that have occurred outside the geographical jurisdiction of the relevant contracting state