human rights

Question 1

the hra 1998 created new rights for the uk - true or false?

Answer 1

false - the rights have existed since 1953 but could not be directly enforced in uk courts until the hra came into force in 2000.

Question 2

a uk court or tribunal;
- must take into account decisions of the european court of human rights
- is bound by decisions of the echr.
- makes its own decisions on the meaning on european court of human rights

Answer 2

the courts need only take account of judgements from the eiropean court of human rigghts.

Question 3

which of the following can a uk court or tribunal not do?

1. declare an act of parliament incompatible with the echr
2. interpret an action of parliament so that it is compatible with the echr
3. declare an act of parliament void because it is incompatible with the echr.

Answer 3

cannot declare an act of parliament void.

Question 4

which of the following may bring proceedings under the HRA1998
- a victim
- a public authority
- a pressure group

Answer 4

victim of an unlawful act.

Question 5

since the hra 1998 came into force it is no longer possible for a claimant to apply to the echr true or false??

Answer 5

false - in addition to proceedings in uk courts - applications to the echr are still permitted (but have to exhaust domestic avenues first).