Human Rights Act Flashcards

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1
Q

What are the two European courts?

A

ECJ

ECHR

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2
Q

Give two examples of human rights

A

Right to life

Right to privacy

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3
Q

How were rights protected before HRA?

A

Common law conventional rights

Magna carta

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4
Q

What is the principle of legality?

A

Concerns the court’s approach to legality, when rights are the issue

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5
Q

Where did echr rights exist pre HRA?

A

At Strausbourg

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6
Q

From 1966-98, the UK was the respondant state in how many Strausbourg cases?

A

400

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7
Q

What did the introduction of the HRA do?

A

Courts make sure statutes are consistent with rights

Echr far more central to Law in Britain

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8
Q

What does section 6 (1) say?

A

It is unlawful for a public authority to breach a conventional right

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9
Q

What does section 6 (3) say?

A

A public authority is any person whos functions are of a public nature

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10
Q

What does section 7 say?

A

You have to have been the victim of a breach.

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11
Q

What does section 4 (2) say?

A

If court is satisfied it is incompatible, it can make a declaration of incompatibility.

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12
Q

What does section 3 (1) say?

A

Primary legislation must be read in a way that is compatible w/ conventional rights

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13
Q

What does section 4 (6) say?

A

Doi does not impact the V, continuing operation, or enforcement of the provision.

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14
Q

How many doi’s have been made?

A

28

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15
Q

What 3 options does a minister have when there is a doi?

A

Make a remedy
Ammend leg
Do nothing

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16
Q

Which party wants to reform the HRA?

A

Bloody tories

17
Q

Is the UK subject to strausbourg’s jurisdiction?

A

Yes, if law is not changed after doi it goes to strausbourg.