HRA 1998

Question 1

Story of how HRA was created?

Answer 1

Atrocities of ww2
->
International community came together and formed the UN adopting the UDHR
->
followed by creation of council of eruorpe which ten adopted echo wit the aim to uphold and protect human rights
->
most of echr introduced in HRA 1998 in 2000 as a part of an election promise by Tony Blair

Question 2

What are residual rights?
Case example?
Are human rights protection stronger or weaker without hra?

Answer 2

This means what a citizen cannot do is set out but what they can do is not
Malone vs metropolitan police commisonor
Weaker without HRA 1998

Question 3

How could people appeal before the HRA 1998

Answer 3

Before the HRA 1998, individuals had to use to the right of individual petition granted in 1966 in order to appeal to the ECtHR. However all domestic remedies must have been exhausted first, which was both time consuming and expensive . When ECtHR declared the EXtHR had illegally removed human rights, the country did dually amend the l as it was under a moral obligation. For example, the contempt of court axt 1981 was passed a result of Sunday Times v UK when the EXtHR held that the offence of contempt of court breached Article 10 of the ECHR