Human Rights Act 1988

Question 1

What was the purpose of the HRA 1988?

Answer 1

expedite redress = make rights under the EHCR more directly accessible to British people
charter of rights = establish an instrument that would modernise and democratise the political system while preserving parliamentary sovereignty
cultural change

Question 2

what does s3(1) of HRA 1988 allow?

Answer 2

legislation that on ordinary canons of interpretation is incompatible with convention rights should as far as it is possible be read and given effect in any way that renders it compatible
- grants an interpretative and declaratory power to judges to protect rights

Question 3

what can happen if a statute cannot be interpreted in a compatible way?

Answer 3

under s4 the courts can make a declaration of incompatibility
- this is declaratory in effect, it does not effect the validity

Question 4

what does s2(1) HRA require?

Answer 4

a national court must take into account decision of the ECtHR on any matter that has arisen in relation to a convention right

Question 5

what is the mirror principle?

Answer 5

in the absence of some special circumstances, a national court will usually follow any clear and constant jurisprudence of the ECtHR

Question 6

What is unlawful?

Answer 6

for a public authority to act incompatibly with a convention right unless they are implementing the provisions of incompatible primary legislation, or where that legislation requires that they act in violation of convention rights and the houses of parliament do not qualify as a public authority for the purposes of s6, so it is not unlawful to pass primary legislation that is incompatible with a convention right

Question 7

where the court finds any act of a public authority what can they grant?

Answer 7

such relief or remedy, or make such order, within its powers as it considers just and appropriate
just = fair to all who are affected, including persons other than person whose rights were violated
appropriate = effectively address the specific grievance brought about by the violation

Question 8

what are the possible remedies?

Answer 8

quashing order - cancel a decision made by a public authority and make it again
prohibitory order - requiring that a public authority refrain from a proposed action
mandatory order - requiring the public authority to perform a legal duty
declarations - does not order anyone to do anything, but declares what the law is
injunction - put a stop to unlawful