Human Rights Act 1998 Flashcards
HRA 1998
Incorporates and gives effect to convention rights contained in ECHR.
Declaration of incompatibility
Requires UK courts to interpret UK legislation
consistently with the Convention only ‘so far as it is possible to do so’.
Can declare legislation incompatible with convention rights - Supreme Court, high court, court of appeal and privy council.
Govt under no obligation to act on declaration.
May make ‘remedial orders’, which amend or repeal the offending legislation OR submit bill OR use delegated legislation.
Enforcement against public bodies
Breach of convention rights is a ground for JR.
Public authorities must comply with rights. Unless as a result of an Act of Parliament, the authority could not have acted differently, or the authority is giving effect to, or enforcing, provisions of an Act that are incompatible with the Convention.
Enforcement against private individuals
HRA does not expressly make it unlawful for private individuals to infringe the rights of other individuals.
Courts have considered this in relation to art 8 respect for private life with celebrity cases. Strike balance with art 10 right to freedom of expression.
‘Horizontal effect’ of Convention rights
Individuals able to bring a claim against private bodies
under the ‘horizontal effect’ principle.
Conflict between different rights and freedoms
Courts have to determine priority on a case- by- case basis.
Balancing freedom of expression with right to respect for private life
HRA drafted to prevent claims for breach of privacy from unduly restricting the freedom of the press.
Balance must be struck.
Only justified in exceptional circumstances like C’s fragile mental health.
Use proportionality test.
Reasonable expectation of privacy?
Right to respect for private life - Claims
Equitable claim breach of
confidence.
New tort of misuse of private information
Possibly also developed tort of invasion of privacy.
