Introduction: The Human Right Act Flashcards
What does the Human Rights Act incorporate into domestic law?
The Human Rights Act incorporates the rights contained in Articles 2 to 18 of the European Convention on Human Rights and those in some of the subsequent protocols into domestic law.
What was the situation before the Human Rights Act in terms of challenging decisions based on human rights in the UK?
Before the Human Rights Act, a person could not challenge a decision in a UK court based on human rights violations; they had to take the matter to the European Court of Human Rights, which was costly and lengthy.
What does Section 6(1) of the Human Rights Act state?
Section 6(1) of the Human Rights Act states: “It is unlawful for a public authority to act in a way which is incompatible with a Convention right.”
Who is included in the definition of a ‘public authority’ under Section 6(3) of the Human Rights Act?
A ‘public authority’ includes courts, tribunals, and any person performing public functions, but does not include Parliament or persons exercising functions related to parliamentary proceedings.
When was the Human Rights Act fully commenced?
The Human Rights Act was fully commenced on 2 October 2000.
What does Section 19 of the Human Rights Act require from ministers?
Section 19 requires ministers to make a ‘statement of compatibility’ when introducing bills in Parliament or state that they intend to proceed with the bill regardless
What new framework did the Immigration and Asylum Act 1999 provide
The Immigration and Asylum Act 1999 provided a framework for the tribunal to consider human rights and allowed individuals to appeal immigration decisions on human rights grounds, enabling ‘one stop appeals.’
Why did the appeals framework under the Immigration and Asylum Act 1999 fail?
It failed because individuals could reserve issues and raise them after an initial appeal failed, leading to multiple appeals.
What did the Nationality, Immigration and Asylum Act 2002 do to address the issues with the 1999 Act?
The 2002 Act defined appealable decisions more carefully, enabled certification to prevent further appeals if issues could have been raised earlier, and required individuals to raise all issues in one go.
Does the 1999 appeals framework still have relevance today?
No, it has little/no relevance today
