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human rights > HRA active recall > Flashcards

HRA active recall Flashcards

1
Q
A
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2
Q

When did the UK ratify the European Convention of Human Rights (ECHR)?

A

1951

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3
Q

In what year did the UK accept the European Court of Human Rights’ jurisdiction?

A

1966

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4
Q

When was the European Convention of Human Rights brought directly into UK law?

A

2000

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5
Q

What type of legal system was created by the ECHR not being directly recognized in UK courts before the Human Rights Act?

A

Dualist legal system

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6
Q

What was Labour’s pledge in their 1997 manifesto regarding human rights?

A

Bring Rights Home

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7
Q

What does the Human Rights Act 1998 allow regarding convention cases?

A

Heard in the UK directly without going to Strasbourg

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8
Q

Is the Human Rights Act 1998 an entrenched act?

A

No, it’s an ordinary Act

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9
Q

According to Section 6, what is unlawful for a public body?

A

To act in a way incompatible with a convention right

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10
Q

What effect does the Human Rights Act have on non-state bodies?

A

Does not have horizontal effect

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11
Q

What is the concept of vertical effect in the context of the Human Rights Act?

A

Private companies providing public services can be sued

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12
Q

What did the Supreme Court rule regarding the courts as public bodies?

A

Must change common law to be compliant with the convention

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13
Q

Who can claim under Section 7 of the Human Rights Act?

A

People whose rights have been infringed or potentially infringed

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14
Q

What is the time limit for bringing a claim under the Human Rights Act?

A

3 months from awareness

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15
Q

What must UK courts do according to Section 2 of the Human Rights Act?

A

Take into account ECtHR decisions

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16
Q

In what case did the Supreme Court demonstrate a discursive relationship with the ECtHR?

A

Manchester City Council V Pinnock

17
Q

What is the purpose of Section 3 of the Human Rights Act?

A

Statutory interpretation must be compatible with Convention Rights

18
Q

What is ‘reading down’ in statutory interpretation?

A

Introducing limiting words or meanings

19
Q

What does ‘reading in’ entail?

A

Adding words or meanings to ensure compliance

20
Q

What is the function of Section 4 of the Human Rights Act?

A

Allows courts to issue declarations of incompatibility

21
Q

What type of remedies can courts provide under Section 8?

A

Just or appropriate remedies including damages or injunctions

22
Q

What power does Section 10 grant to ministers?

A

Amend legislation to make it convention compliant

23
Q

What is required for a minister to issue a derogation order under Section 14?

A

Certification of necessity to derogate from the convention

24
Q

What does Section 19 mandate for all bills following the HRA 1998?

A

Must have a statement of compatibility with human rights

25
Q

What does the Belfast Agreement reference in relation to the Human Rights Act?

A

Incorporating the ECHR into UK domestic law

26
Q

What is the UK’s commitment in the UK-EU trade and cooperation agreement?

A

Commitment to the European Convention of Human Rights

27
Q

What did the 2022 British Bill of Rights propose regarding the Supreme Court?

A

Supreme Court as the final arbiter of Human Rights law

28
Q

What significant change regarding the ECtHR was proposed in the British Bill of Rights?

A

Ability to disregard ECtHR decisions

29
Q

What was a concern raised by some commissioners about a new UK Bill of Rights?

A

Fear of leaving the ECHR

30
Q

What was a key argument from the Government regarding the Human Rights Act 1998?

A

It failed to protect the people and frustrated elected politicians

31
Q

What did Labour claim about the British Bill of Rights Bill?

A

It was politically motivated

32
Q

What was the outcome of the British Bill of Rights Bill introduced in 2022?

A

Withdrawn and not reconsidered

33
Q

What does the British Bill of Rights propose regarding claimants?

A

Require showing ‘significant disadvantage’ to bring a case

human rights (4 decks)

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