Judicial review of administrative acts based on Human rights grounds (Remedies)

Question 1

general rule for when an administrative act oversteps primary legislation

Answer 1

-it is ultra vires and invalid

Question 2

s6(1) of HRA

Answer 2

unlawful for public authority to act in a way that’s incompatible with HRA

Question 3

s4 of HRA

Answer 3

parliament can pass legislation that is incompatible with the HRA

Question 4

s6(3) of HRA

Answer 4

-parliament is excluded from being defined as a public authority to protect parliamentary sovereignty

Question 5

s3 HRA

Answer 5

-subordinate legislation must be read and given effect in a way that is compatible with HRA

Question 6

s3(c) of HRA

Answer 6

-In cases where subordinate legislation is incompatible with HRA it will be invalid unless the primary legislation does not allow for the removal of the incompatibility

Question 7

Parent act special exception for subordinate legislation

Answer 7

• where the parent act cannot be interpreted as compatible with HRA
• according to s4 HRA it cannot be declared as invalid but it’s given a declaration of incompatibility
• for the primary legislation to be effective it needs regulations for the subordinate legislation
• the subordinate act is also ultra vires
• if we also make the subordinate legislation invalid then the primary act will never be effective
• the subordinate legislation can be made to be valid if the parent act allows it so that the parent act can function unless this will threaten parliamentary sovereignty