Human Rights Act 1988 (Protection of HR) A03 Flashcards
what are the 4 WDPS for protection?
s.2 interpretation of convention rights
s.4 declaration of incompatibility
s.7 proceedings
s.8 judicial remedies
s.2 +P1: upholds system of precedent
upholds stare decisis = ensures law is consistent + predictable
s.2 -DP1: lacks
lacks clarity also taking into accounts the decisions of the ECtHR = problematic
s.2 -WDP1: too much
European influence - lack of national control
s.4 +P2: allows judges
identify where acts are incompatible with HR → declare this to parliament so they can investigate = upholds SoP and promotes parliamentary sovereignty
s. +DP2: Bellinger v Bellinger exemplifies
this as the decision was incompatible with Article 8 and Article 12 which led to the law being clarified in the Gender Recognition Act 2004 to align with the convention
s.4 -WDP2: Parliament are under
no obligation to respond → can ignore which undermines purpose of s.4 making it appear ineffective
s.7 +P3: protects individuals by
allowing them direct access to claim HR violations of public bodies = ensures justice
s.7 +DP3: broad use of the term ‘public bodies’
extending to hybrid public bodies to ensure that bodies such as local councils are held accountable
s. -WDP3: restrictive,
doesn’t have a horizontal effect and only individuals can make the claim not groups, excludes broader public interest, doesn’t let multiple people affected challenge
s.8 +P4: UK courts have the power to
grant just and appropriate remedies leading to an effective resolution and a sense of justice for individuals
s.8 -DP4: however, fairness and justice not achieved
hrough small compensation for serious violations e.g Wainwright v UK → 9 years to receive 3000 euro = ineffective
s.8 -WDP4: s.7 has restricted
the scope of remedies available restricting it to only individuals which again suggests the UK cannot provide appropriate remedies
