HUMAN RIGHTS ACT 1998 Flashcards

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1
Q

HRA 1998

A
  • gives effect to the convention in UK law
  • constitutional importance
  • effect on parliamentary sovereignty
  • s 6 (3) parliament not a public authority
  • s19 statement of compatibility
  • s 4 declaration of incompatibility
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2
Q

S2

A
  • must take into account decisions of ECHR

- New jurisprudence

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3
Q

S3

A
  • courts must interpret legislation compatibly with convention of rights
  • purposive approach
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4
Q

S4

A
  • Legislation v convention right
  • s4(2) declaration of incompatibility
  • s4(6) does not effect validity of law or parliamentary supremacy
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