Impact of HRA

Question 1

S2(1)(a)

Answer 1

Over ruling of previous precedent in conflict with ECHR.

Question 2

What must Uk courts follow?

Answer 2

Uk precedent

Question 3

What can Uk courts refer to?

Answer 3

Can refer to an appeal court above for ruling on the conflict with an ECHR issue.

Question 4

S3

Answer 4

Interpretation and compatibility with domestic law

Question 5

What must Uk courts do when it comes to convention rights?

Answer 5

Must interpret primary and secondary legislation as far as it’s possible to do with convention rights.

Question 6

Impact of S3

Answer 6

Courts may ignore precedent
Reinterpret act against it’s original meaning

Question 7

S3 Case

Answer 7

Mendoza

Question 8

Mendoza

Answer 8

HRA gave the power to interpret whilst not being compatible with ECHR.

Question 9

S4 HRA

Answer 9

Declaration of incompatibility

Question 10

When can courts make a declaration of incompatibility?

Answer 10

If the Uk court finds legislation incompatible with ECHR

Question 11

What effect does it have on legislation?

Answer 11

No effect on legislation

Question 12

What effect does this have on the government?

Answer 12

Government can decide whether to amend the law or not with the declaration of incompatibility.

Question 13

S4 Cases

Answer 13

Bellinger and Anderson

Question 14

Bellinger

Answer 14

Declaration of incompatibility resulted in Gender Recognition Act 2004 being passed.

Question 15

Anderson

Answer 15

Breach in ART6 and government amended the law.

Question 16

S(6)

Answer 16

Vertical Relationship between public bodies

Question 17

What is a public body?

Answer 17

Any government or organisation linked to the government.

Question 18

What can a public body also include?

Answer 18

Core authorities
Hybrid public authorities

Question 19

Core authorities example

Answer 19

Local authorities
Courts

Question 20

Hybrid public authorities example

Answer 20

Care homes

Question 21

What’s the Impact of S2 HRA?

Answer 21

Applicant must have been vertically affected by a public body to go to the ECHR.

Question 22

What can’t a applicant go to ECHR for?

Answer 22

Being affected by a private body or individual.

Question 23

S7

Answer 23

Direct application

Question 24

What does direct application outline?

Answer 24

A person may bring a claim under the HRA in a court or other tribunal if they are or would be a victim of unlawful act.

Question 25

What must the claimant have for direct application?

Answer 25

Must have standing

Question 26

What does standing mean?

Answer 26

Must of been directly affected by the act of the public body.

Question 27

Impact of S7 HRA

Answer 27

V can make a claim In Uk courts and in the ECtHR if they have exhausted all remedies.

Question 28

S8

Answer 28

Remedies

Question 29

What does s8 state?

Answer 29

Court may grant any just and appropriate remedy within its powers.

Question 30

What remedies can this include?

Answer 30

Damages and Injunctions

Question 31

S10

Answer 31

Fast track procedure

Question 32

What does the fast track procedure do?

Answer 32

Parliament have the power to bypass the usual process and amend offending legislation.

Question 33

What has to be issued for the fast track procedure?

Answer 33

A certificate of incompatibility

Question 34

Acts where the S10 was used

Answer 34

Prevention of Terrorism Act LAPSO

Question 35

How was the prevention of terrorism act affected?

Answer 35

Passed that a public authority could not indefinitely detain suspects of terrorism.

Question 36

How was LAPSO affected?

Answer 36

Fees cannot be added to losers costs bill

Question 37

Is parliament sovereignty affected?

Answer 37

No they are unaffected as parliament can still pass law in conflict with ECHR.