Human Rights Act Flashcards
What are the two European courts?
ECJ
ECHR
Give two examples of human rights
Right to life
Right to privacy
How were rights protected before HRA?
Common law conventional rights
Magna carta
What is the principle of legality?
Concerns the court’s approach to legality, when rights are the issue
Where did echr rights exist pre HRA?
At Strausbourg
From 1966-98, the UK was the respondant state in how many Strausbourg cases?
400
What did the introduction of the HRA do?
Courts make sure statutes are consistent with rights
Echr far more central to Law in Britain
What does section 6 (1) say?
It is unlawful for a public authority to breach a conventional right
What does section 6 (3) say?
A public authority is any person whos functions are of a public nature
What does section 7 say?
You have to have been the victim of a breach.
What does section 4 (2) say?
If court is satisfied it is incompatible, it can make a declaration of incompatibility.
What does section 3 (1) say?
Primary legislation must be read in a way that is compatible w/ conventional rights
What does section 4 (6) say?
Doi does not impact the V, continuing operation, or enforcement of the provision.
How many doi’s have been made?
28
What 3 options does a minister have when there is a doi?
Make a remedy
Ammend leg
Do nothing