Human Rights Act 1998: European Convention on Human Rights in the UK

Question 1

What does s 3 of the HRA 1998 required UK courts to do, in relation to interpretation of UK legislation?

Answer 1

To interpret it consistently with the Convention only “so far as it is possible to do so”

Question 2

When may the court refuse to use their obligation to interpret a law in line with Convention rights?

Answer 2

Where it would change Parliament’s intention

Question 3

What right does s 4(2) give the High Court and higher courts the power to do in relation to legislation?

Answer 3

Declare it is incompatible with Convention rights

Question 4

What is the implication if an Act is declared incompatible?

Answer 4

Act remains valid

Question 5

Can pressure groups be victims under s 7 and therefore bring a claim?

Answer 5

No

Question 6

What can be awarded for breach of Convention rights?

Answer 6

Damages, as “necessary to afford just satisfaction”

Question 7

What test is used to establish whether a body is amenable to judicial review?

Answer 7

Datafin test

Question 8

What is the difference between “horizontal effect” and “vertical effect”?

Answer 8

Horizontal = between private individuals
Vertical= between individuals and the state

Question 9

What is the “horizontal effect” of Convention rights?

Answer 9

The principle that allows courts (as public bodies) to develop compatibility with Convention rights in what would otherwise by horizontal claims

Question 10

Which Articles are the qualified rights?

Answer 10

8, 9, 10 and 11, and Art 1 of 1st Protocol

Question 11

Which Articles are absolute/ limited rights?

Answer 11

Articles 2, 3, 4, 5, 6, 7 and 12

Question 12

What is the outcome of the Mary Bell case?

Answer 12

Freedom of expression of the press is highly important and can only be interfered with in exceptional circumstances