Impact of HRA Flashcards

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1
Q

S2(1)(a)

A

Over ruling of previous precedent in conflict with ECHR.

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2
Q

What must Uk courts follow?

A

Uk precedent

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3
Q

What can Uk courts refer to?

A

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

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4
Q

S3

A

Interpretation and compatibility with domestic law

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5
Q

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

A

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

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6
Q

Impact of S3

A

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

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7
Q

S3 Case

A

Mendoza

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8
Q

Mendoza

A

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

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9
Q

S4 HRA

A

Declaration of incompatibility

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10
Q

When can courts make a declaration of incompatibility?

A

If the Uk court finds legislation incompatible with ECHR

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11
Q

What effect does it have on legislation?

A

No effect on legislation

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12
Q

What effect does this have on the government?

A

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

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13
Q

S4 Cases

A

Bellinger and Anderson

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14
Q

Bellinger

A

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

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15
Q

Anderson

A

Breach in ART6 and government amended the law.

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16
Q

S(6)

A

Vertical Relationship between public bodies

17
Q

What is a public body?

A

Any government or organisation linked to the government.

18
Q

What can a public body also include?

A

Core authorities
Hybrid public authorities

19
Q

Core authorities example

A

Local authorities
Courts

20
Q

Hybrid public authorities example

A

Care homes

21
Q

What’s the Impact of S2 HRA?

A

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

22
Q

What can’t a applicant go to ECHR for?

A

Being affected by a private body or individual.

23
Q

S7

A

Direct application

24
Q

What does direct application outline?

A

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.

25
Q

What must the claimant have for direct application?

A

Must have standing

26
Q

What does standing mean?

A

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

27
Q

Impact of S7 HRA

A

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

28
Q

S8

A

Remedies

29
Q

What does s8 state?

A

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

30
Q

What remedies can this include?

A

Damages and Injunctions

31
Q

S10

A

Fast track procedure

32
Q

What does the fast track procedure do?

A

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

33
Q

What has to be issued for the fast track procedure?

A

A certificate of incompatibility

34
Q

Acts where the S10 was used

A

Prevention of Terrorism Act
LAPSO

35
Q

How was the prevention of terrorism act affected?

A

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

36
Q

How was LAPSO affected?

A

Fees cannot be added to losers costs bill

37
Q

Is parliament sovereignty affected?

A

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