Impact of the HRA Flashcards
What system did the UK operate on before the Human Rights Act (HRA) 1998?
A system of ‘civil liberties’
Civil liberties were protected through various legal instruments, including common law and the Bill of Rights 1689.
What does a dualist system mean in the context of UK law?
Legislation must be passed to make provisions from an international treaty enforceable in UK law.
Which historical document protected citizens’ right to a fair trial in the UK?
The Magna Carta.
In which statute were other fundamental rights and freedoms protected?
The Bill of Rights 1689
What is the right of habeas corpus?
A legal right to challenge unlawful detention.
When did the UK ratify the European Convention on Human Rights (ECHR)?
1951.
From when could UK citizens take their cases to the European Court of Human Rights (ECtHR)?
1966.
When was the ECHR formally incorporated into UK law?
1998 with the Human Rights Act (HRA).
What significant change occurred for UK citizens regarding ECHR rights after 2000?
They could argue their rights in UK courts.
What did Parliament have to consider after ratifying the ECHR?
The compatibility of new legislation with the ECHR.
What is required of courts regarding ambiguous legislation after ratifying the ECHR?
Interpret it in a way consistent with the UK’s obligations under the ECHR.
What was the outcome of the case Sunday Times v UK (1979)?
The ECtHR held that the injunction preventing the publication of information regarding the Thalidomide scandal violated Article 10 ECHR.
What legislation was passed as a result of the Sunday Times v UK case?
The Contempt of Court Act 1981.
What was the outcome of the case Malone v UK (1984)?
The ECtHR held that the phone tapping violated Article 8 ECHR.
What legislation resulted from the Malone v UK case?
The Interception of Communications Act 1985.
How many references did the UK make to the ECtHR from 1960-97?
95 references.
What was the effect of the Human Rights Act 1998 coming into effect in October 2000?
Imposed an interpretative duty on the courts.
What does section 3 of the HRA state regarding legislation interpretation?
Legislation should be interpreted in a way that is compatible ‘so far as is possible to do so’.
What does section 3(2)(b) of the HRA clarify?
Legislation that cannot be given effect in a compatible way remains valid.
What technique involves introducing limiting words or meanings in statutory interpretation?
Reading down.
What technique involves introducing words or meanings to create safeguards?
Reading in.
What technique involves removing or not enforcing provisions in statutory interpretation?
Reading out.
What types of legislation are subject to the interpretative duty under the ECHR?
Primary legislation in force before 2000.
What happens to secondary legislation that cannot be interpreted in a compatible way?
It is declared null and void.
What is a declaration of incompatibility?
A senior court’s finding that primary legislation cannot be read in a compatible way.
What must happen before a declaration of incompatibility is made?
The government must be given an opportunity to address the court.
What options does the government have after a declaration of incompatibility?
Do nothing, change the legislation, or issue a remedial order.
What was the outcome of the case Bellinger v Bellinger (2003)?
The House of Lords found s11 Matrimonial Causes Act 1973 incompatible with Articles 8 and 12 ECHR.
What duty is placed on public authorities under Section 6 of the HRA?
Not to act incompatibly with ECHR rights.
What does Section 7 of the HRA allow individuals to do?
Bring a claim for a breach of an ECHR right within a year.
What is the principle of Parliamentary Sovereignty in relation to the HRA?
No Parliament can bind its successors.
What does it mean that the Human Rights Act is not technically entrenched?
Future Parliaments could amend or repeal it.
What acts granted devolved powers to Scotland and Northern Ireland?
Scotland Act 1998 and Northern Ireland Act 1998.
