Human Rights Flashcards
The Human Rights Act 1998 created new rights for the UK. True or false?
False
A UK court or tribunal:
a) must take into account decisions by the European Court of Human Rights
b) is bound by decisions of the European Court of Human Rights
c) makes its own decisions on the meaning of the European Court of Human Rights.
a) must take into account decisions by the European Court of Human Rights
Which of the following can a UK court or tribunal not do?
a) declare an Act of Parliament incompatible with the ECHR
b) interpret an Act of Parliament so that it is compatible with the ECHR
c) declare an Act of Parliament void because it is incompatible with the ECHR.
c) declare an Act of Parliament void because it is incompatible with the ECHR.
Which of the following may bring proceedings under the Human Rights Act 1998?
a) a victim
b) a public authority
c) a pressure group.
a) a victim
Since the Human Rights Act 1998 came into force, it is no longer possible for a claimant to apply to the European Court of Human Rights. True or false?
False
What is a declaration of incompatability?
A court may declare that a law breaches the convention rights protected under the Human Rights Act 1998, however, the court has no power to invalidate the law.
Can you bring a human rights dispute against a private body or a public authority providing a private act?
No, only against a public authority performing a PUBLIC act.
Are damages big or modest in a human rights action?
Modest only
Can a human rights right be restricted?
Yes, all of them can apart from torture or inhuman treatment
Can a judgement in the european court of human rights be enforced in the UK?
No
The Supreme Court has made a declaration that a section of an Act of Parliament is incompatible with human rights.
Which of the following statements best summarises the legal position?
A. Parliament is obliged to repeal the offending section.
B. Parliament may repeal the offending section.
C. Parliament may refer the matter back to the Supreme Court.
D. Parliament may wait for the result of any appeal to the European Court of Human Rights.
E. Parliament is obliged to compensate the complainant who brought the case.
B. Parliament may repeal the offending section.
A client alleges that his human rights have been violated and wishes to apply to the European Court of Human Rights.
Which of the following statements best describes how the application should be made?
A. The client’s case must be referred to the European Court of Human Rights by the Supreme Court.
B. The client’s case may be referred to the European Court of Human Rights by any UK court or tribunal.
C. The client must appeal from the final decision of a UK court.
D. The client may apply to the European Court of Human Rights.
E. The client’s case may be referred to the European Court of Human Rights by the High Court or any higher court.
D. The client may apply to the European Court of Human Rights.
Section 2 of the Human Rights Act 1998 states that ‘a court or tribunal determining a question which has arisen under this Act in connection with a Convention right must take into account any
judgment of the European Court of Human Rights’.
Which of the following statements is the most accurate interpretation of the meaning of these words?
A. A court or tribunal must follow a judgment of the European Court of Human Rights.
B. A court or tribunal may choose to follow a judgment of the European Court of Human Rights.
C. A court or tribunal should normally follow a judgment of the European Court of Human Rights.
D. A court or tribunal must consider a judgment of the European Court of Human Rights.
E. A court or tribunal must not follow a judgment of the European Court of Human Rights.
C. A court or tribunal should normally follow a judgment of the European Court of Human Rights.
Under the Human Rights Act 1998 it is unlawful for a public authority to act in a way that is incompatible with a convention right. A ‘victim of the unlawful act’ may bring proceedings against the
authority.
Which of the following best describes the meaning of victim?
A. A claimant who is aggrieved by the unlawful act.
B. A claimant who wishes to stop the unlawful act.
C. A claimant who has suffered physical harm from the unlawful act.
D. A claimant who has suffered financial loss from the unlawful act.
E. A claimant who has been personally affected by the unlawful act.
E. A claimant who has been personally affected by the unlawful act.
Under the Human Rights Act 1998 claims may be brought against a ‘public authority’.
Which of the following statements best defines the meaning of public authority?
A. A public authority is a person (natural or legal) who receives public funding.
B. A public authority is a person (natural or legal) who performs a governmental function.
C. A public authority is a person (natural or legal) who has statutory powers.
D. A public authority is a person (natural or legal) who performs functions of a public nature.
E. A public authority is a person (natural or legal) who performs a public service.
D. A public authority is a person (natural or legal) who performs functions of a public nature.
