Human Rights Act Evaluation Flashcards
Introduction A01
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.
Introduction A03
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.
Limits who can claim acts as filter remove bad claims case
Steel
HR breach can be included in court proceeding case
Higgs
s2 precedent A01
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.
s2 precedent A03
Ct led to rewrite act.
Ct does not have to follow ECtHR allows flexibility but confusion.
Police argued immunity from civil action of negligence.
Ct led to rewrite act case
Mendoza
Police argued immunity from civil action of negligence case
Osman
S3- Interpretation A01
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
S3- Interpretation A03
parliament passed GRA change produced.
Improved legal position of same sex partners.
Pushed moral boundaries away from traditional marriage.
parliament passed GRA change produced case
Bellinger
S4- Declaration of Incompatibility A01
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.
up to parliament to decide if they want to change the law case
Bellinger
S4- Declaration of Incompatibility A03
issued re Arts 8 and 12.
decided incompatible with Art 6, amended law in CJA 2003.
HL decided incompatible with Art 5 and 15.
Issued re Arts 8 and 12 case.
Bellinger
Decided incompatible with Art 6 case
Anderson
Decided incompatible with Art 5 and 15 case
A
s6 and 7- Who can claim A01
An individually directly affected by a public body.
Only vertical claims are allowed.
Claims are also allowed against hybrid public bodies.
Example of Vertical claims
Claims against court
Example of hybrid public body
Care home
s6 and 7- Who can claim A03
Successfully sued newspaper
Claim against Uk actions of Met police
Claim not allowing legal aid for defence of defamation.
Successfully sued newspaper case
Campbell
Claim against UK actions by Met police case
Gilan
Claim not allowing legal aid for defence of defamation case
Steel
S8- Judicial Remedies A01
Court can award damages and injunctions to anyone who has suffered because a public body acted unlawfully.
S8- Judicial Remedies A03
Wainwright strip searched in prison Awarded
Quinton Awarded costs and damages by ECtHR
How much was Wainwright awarded?
3000
How much was Quinton awarded?
38,000
S10- Fast Track A01
Not judicial remedy but result of judicial decision.
Happens when courts have made declaration of incompatibility.
Relevant government ministers can ammend without process.
Advantages of HRA
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.
Disadvantages of HRA
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.
