Human Rights

Question 1

What is derogation? Give a case example.

Answer 1

Suspension of rights in time of war/emergency

A v Sec of State for Home Department [2005]

Question 2

Describe the relationship between HRA and sovereignty

Answer 2

• Government unwilling to give courts power to invalidate legislation
• Canadian & NZ model
• Relationship lies between interpretation and declaration of incompatibility

Question 3

What Section contains a power to issue a Declaration of Incompatability?

Answer 3

Section 4

4(6) does not affect validity or operation of offending provision

Question 4

What section makes it unlawful for a public body to act incompatibly with EU law?

Answer 4

Section 6(1)
6(3) courts/tribunals 
a) this means applies to private bodies as courts have to interpret legislation compatibly

Question 5

What Section contains the provision to make Henry VIII clauses?

Answer 5

S10

Question 6

What is the test for proportionality?

Answer 6

Must be a victim

• Right protected had been engaged
• Is the restriction prescribed by law?
• Is it necessary in a democratic society?

Question 7

How does proportionality compare to irrationality/unreasonableness?

Answer 7

R (Daly) v Sec of State for Home Dep (2001) public authority required to explain why right limited, requires balance. Suggests a more searching standard

Question 8

“Freedom of speech is the lifeblood of democracy”

Answer 8

Lord Steyn - Simms

Question 9

What does the official secrets act 1989 do?

Answer 9

Protects certain kinds of information with liability e.g. security/defence
Defence available if disclosure not ‘damaging’

Question 10

Give three cases concerning confidentiality

Answer 10

• AG v Johnathan Cape: applies to public secrets
• AG v Guardian Newspapers (Spycatcher): interim injunction granted, permanent not
• ECHR: injunctions a violation of Article 10 in view of availability of book

Question 11

Give examples of statutes concerning incitement of hatred.

Answer 11

• Public Order Act 1986: jews/Sikhs
• Racial + Religious Hatred Act 2006: concern this would criminalise aspects
• Terrorism Act 2006: criminalises glorification of terrorism

Question 12

What happened in R (Prolife Alliance) v BBC [2005]?

Answer 12

HL afforded deference to BBC over what ‘taste and decency’ required

Question 13

What criteria are there for the ‘breach of confidence’ action?

Answer 13

• Info must have ‘necessary quality of confidence about it’
• Must have been ‘imparted in circumstances imposing an obligation of confidence’
• Unauthorised use of info

Question 14

What is the margin of appreciation/deference?

Answer 14

Discretion given to national governments/local councils as to how rights are given effect