Human rights act 2 Flashcards
Has the HRA enforced all of the ECHR articles?
No
Art 2-12 and 14
Art 1-3 of first protocol
Art 1 of 13th Protocol
Key provisions of HRA 1988 (1-3)
s 1 - Convention rights
s 2 - Taking into account( Recent cases from the echr)
s 3 - Interpretation (Anyone interpreting rights needs to do so in accordance with Human rights)
s.7 (Legal Proceedings)
s4 - Declaration of incompatability
Courts can declare certain legislation incompatable with convention rights
Clashes with parliamentary sovreignty - A court declaring that an act of parliament is incompatable with the convention
Remedial orders (Sch 2) or fresh legislation is used to amend.
S.6(3) - Public Authorities
Unlawful for a public auhtority to act in a way that is incompatable with the convention
`Are strasbourg cases binging
No - But must be taken into account
Manchester City council v Pinnock - Not bound to follow every decision of ECHR as it would be both impractical and inappropriate
6 Ways UK can depart from strasbourg and the case that it is from
R(Hallam) v Secreatary of state for justice
inapplicability on the facts
Irrelevant to doctrine
Horncastle doctrine
Poor reasoning - strong statement from supreme court
Strasbourg is wrong
Horizontality of the HRA
Imposition of HRA restrcitions on the private sector
What is considered a public authority
Anston Cantlow - Church deemed not a public authority
YI v Birimingham City Council - Private care home sent residents by local authority - Not a public authority
Imposition of ECHR on a school
o’keefe v Ireland
Imposition of ECHR on a private bus company
Redfearn v United Kingdom
S7
Makes convention rights enforceable in proceedings before domestic courts. individuals can bring proceedings in the relevant tribunal
s8
Where a oublic authority is found to have acted incompatabily with convention rights, powers such as releif or remedy may be given.
s13
Ensures access to appropriate remedies
Such as
Access to domestic courts
Damages
Injunctions
Example of s4 being used
R (Nicklinson) v Ministry of Justice - declaration against the suicide act 1961
What happened in the Nicklinson case
No change in enforcement, operation or validity of the act
