JR & Convention Rights Flashcards
1
Q
Public authorities must act compatibly with Convention Rights, unless there is a conflict with UK statute
A
S.6 Human Rights Act
2
Q
Claimant must be a victim
A
S.7 HRA
3
Q
Marper ECHR test
A
- Is qualified right in question engaged
- Is there interference with right
- Is the interference prescribed by law
- Is there a legitimate aim
- Is it necessary in a democratic society
(Bank mellat proportionality test)
4
Q
Bank Mellat test
A
- Is objective measure complained of sufficiently important to justify limitation of a fundamental right?
- Is measure rationally connected to the objective?
- Could a less intrusive measure have been used?
- Has a fair balance been struck between the rights of the individual and community
