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Law- Human Rights > Human Rights Act Evaluation > Flashcards

Human Rights Act Evaluation Flashcards

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1
Q

Introduction A01

A

HRA came into force in 2000 to bring rights home Labour manifesto promise.
S7 allows Uk citizens to bring a case against a public body in UK courts for breach of convention right.
If they are or would have been victim in unlawful act.

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2
Q

Introduction A03

A

Must have standing so limits who can claim acts as filter removing bad claims.
HR breach can be included in court proceeding.
Public body is wide does not specify every circumstance.

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3
Q

Limits who can claim acts as filter remove bad claims case

A

Steel

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4
Q

HR breach can be included in court proceeding case

A

Higgs

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5
Q

s2 precedent A01

A

UK court should follow UK court but refer case to appeal at ECtHR.
Appeal court can decide whether or not to change law.
Must take into account all past judgements, decisions and declarations of ECtHR.

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6
Q

s2 precedent A03

A

Ct led to rewrite act.
Ct does not have to follow ECtHR allows flexibility but confusion.
Police argued immunity from civil action of negligence.

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7
Q

Ct led to rewrite act case

A

Mendoza

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8
Q

Police argued immunity from civil action of negligence case

A

Osman

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9
Q

S3- Interpretation A01

A

Courts should interpret Acts of P in way which is compatible with convention rights ‘so far as it’s possible to do’
Creates burden on judges

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10
Q

S3- Interpretation A03

A

parliament passed GRA change produced.
Improved legal position of same sex partners.
Pushed moral boundaries away from traditional marriage.

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11
Q

parliament passed GRA change produced case

A

Bellinger

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12
Q

S4- Declaration of Incompatibility A01

A

If courts think an act is incompatible with ECHR make declaration of incompatibility.
Then up to parliament to decide if they want to change the law.
Judges can not overturn a statute but can reinterpret it.

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13
Q

up to parliament to decide if they want to change the law case

A

Bellinger

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14
Q

S4- Declaration of Incompatibility A03

A

issued re Arts 8 and 12.
decided incompatible with Art 6, amended law in CJA 2003.
HL decided incompatible with Art 5 and 15.

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15
Q

Issued re Arts 8 and 12 case.

A

Bellinger

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16
Q

Decided incompatible with Art 6 case

A

Anderson

17
Q

Decided incompatible with Art 5 and 15 case

A

A

18
Q

s6 and 7- Who can claim A01

A

An individually directly affected by a public body.
Only vertical claims are allowed.
Claims are also allowed against hybrid public bodies.

19
Q

Example of Vertical claims

A

Claims against court

20
Q

Example of hybrid public body

A

Care home

21
Q

s6 and 7- Who can claim A03

A

Successfully sued newspaper
Claim against Uk actions of Met police
Claim not allowing legal aid for defence of defamation.

22
Q

Successfully sued newspaper case

A

Campbell

23
Q

Claim against UK actions by Met police case

A

Gilan

24
Q

Claim not allowing legal aid for defence of defamation case

A

Steel

25
Q

S8- Judicial Remedies A01

A

Court can award damages and injunctions to anyone who has suffered because a public body acted unlawfully.

26
Q

S8- Judicial Remedies A03

A

Wainwright strip searched in prison Awarded
Quinton Awarded costs and damages by ECtHR

27
Q

How much was Wainwright awarded?

A

3000

28
Q

How much was Quinton awarded?

A

38,000

29
Q

S10- Fast Track A01

A

Not judicial remedy but result of judicial decision.
Happens when courts have made declaration of incompatibility.
Relevant government ministers can ammend without process.

30
Q

Advantages of HRA

A

Set out in one place.
Wide acceptance that HR are enforced to protect us.
National courts have power to enforce HR against powerful people like governments.

31
Q

Disadvantages of HRA

A

Public support for HRA and ECHR not as high as it was.
Complicated arrangement for special legislation in UK law.
Ladder of rights- everyone is equal but some more than others.

Law- Human Rights (8 decks)

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