Human rights protection

Question 1

European convention on human rights

Answer 1

after 2nd world war
agreement that founded peace in eurpoe on the values of human rights

Question 2

ECHR enforcement

Answer 2

originally a commission and a court
now just a court- strasbourg
individual petition
action against the state is exhausted domestic remedies

Question 3

ECHR prior the HRA

Answer 3

could not be relied upon directly in UK courts
if no remedy in Uk system could go to strasbourg

Question 4

human rights act 1998

Answer 4

labour manifesto
maolone v metropolitan police commissioner- everything is permitted except what is expressly forbidden

Question 5

section 2 HRA

Answer 5

the duty of UK courts to take into account the case law of the court of Human rights
manchester cc v pinnock- not bound to follow but would be wrong not to do so if there is a clear constant line of decisions

Question 6

section 3 HRA

Answer 6

the duty to interpret in ine with the convention rights
r wilkinson v IRC- tax allowance to widows not widowers

Question 7

declaration of incompatibility

Answer 7

some courts can say that the law is incompatible with the human rights act
r v A- a measure of last resort

Question 8

what follows a declaration of incompatibility

Answer 8

act of parliament changing the law
remedial order changing the law

Question 9

remedial orders

Answer 9

section 10
orders made by a minister under HRA to amend legislation which has been found incompatible with the ECHR
need to be approved by both houses to become law

Question 10

creating a bill compatible with ECHR

Answer 10

minister must make a statment to parliament before secon reading on its compatibility with the convention rights