Human Rights and the ECHR

Question 1

Pre-HRA

Answer 1

HR existed in UK through Magna Carta 1215, The Sex Discrimination Act 1975

UK relied on limitation of public bodies and the government to protect Human rights

Question 2

Market of Speech

Answer 2

theoretical idea that where there is fake news and the truth, the truth will win

Question 3

Wheeler and Other Appellants v Leicester City Council Respondents [1985]

Answer 3

rights such as freedom of the person and freedom of speech are an immunity from interference by others

Question 4

R v SoS for the Home Department ex parte Simms [2000]

Answer 4

“Fundamental rights cannot be overridden by general or ambiguous words…express language or necessary implication.”

1. Freedom of Speech promotes self-fulfillment
2. Truth is the best in the competition of market.
3. It is the lifebloos of democracy.

Question 5

When was HRA domesticated?

Answer 5

1988 UK domesticated the ECHR as the HRA 1988

Question 6

Campbell and Cosans v United Kingdom [1982]

Answer 6

The use or corporal punishment as a disciplinary measure in British state school breached the right to education

Question 7

Legal implications of failure to comply with HRA

Answer 7

Basis for legal action
Individuals can make petitions to the ECtHR if domestic courts fail to secure an effective remedy
HRA is a constitutional statute

Question 8

What are the steps of examinining an infrigment of HRA?

Answer 8

1. What (if any) right was infringed?
2. Is it in the HRA?
3. What is the conflicting right/public interest?
4. Balancing tests (reasonableness, proportionality)
5. Remedy

Question 9

Lee v Ashers Baking Company Ltd and Other

Answer 9

Art 14: prohibition from discrimination
Art 8: right to private and family life
Art 10: freedom of expression.

“What matters is that by being required to produce the cake, they were bering required to express a message with which they deeply disregard,