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1
Q

How are human rights protected in the UK?

A
  • Courts can use both the rights under the HRA and the rights recognised under common law as an aid to interpretation. This is a more controversial area: some have suggested that certain rights-based interpretations of statutes go so far as to infringe the sovereignty of Parliament (see, for example, the dissenting views in cases such as Ghaidan, Privacy International and Evans).
  • The main difference between the regime under the HRA and common law rights is that the former affords protection to a greater number of rights (with more developed jurisprudence to back this up), imposes certain obligations upon Parliament to make declarations of compliance, and allows the courts to issue a ‘declaration of incompatibility’.
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2
Q

Aston Cantlow v Wallbank [2003] 1 AC 546

A

The question of what constitutes a ‘public body’ under the HRA depends on whether a given body exercises a governmental function

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