Sections of HRA 1998

Question 1

Define Section 7 of the HRA?

Answer 1

The ECHR is now directly applicable in the UK courts; a citizen who believes their human rights have been removed is able to take the case to a national court. Citizens can still take their cases to the ECtHR at Strasbourg on appeal

Question 2

Define section 2 of the HRA?

Answer 2

When deciding on a case involving alleged breaches of human rights, courts in the UK must take into account the precedents of the ECHR. They are not binding but they are strongly persuasive

Question 3

What is the importance of the case (Leeds City Council v Price?)

Answer 3

Leeds City Council v Price demonstrates the UK precedent over an ECHR decision. If there is a conflicting UK precedent, then the UK precedent will be used instead.

Question 4

Define section 3 of the HRA?

Answer 4

When deciding a case involving human rights judges must interpret a law ‘so far as is possible to do so’ compatibility with human rights

Question 5

What is the importance of the case (R v A?)

Answer 5

R v A Lord Steyn said the duty under s3 goes beyond the purposive approach. A declaration of incompatibility should be a measure of last resort

Question 6

What case provides the current apporach for the use of s3?

Answer 6

Ghaiden v Godin-Menoza

Question 7

Define Section 4 of the HRA?

Answer 7

If a statute cannot be interpreted broadly enough to ensure compatibility with ECHR rights, judges can issue a declaration of incompatibility

Question 8

Give two case examples of section 4?

Answer 8

Bellinger v Bellinger
Anderson
Belmarch Detainees (A and others)
R v Mental Health Tribunal ex parte H

Question 9

Define Section 6 of the HRA?

Answer 9

Individuals can sue public authorities for breaches of human rights. These are bodies whose functions are ‘public’ or ‘partly public’ Courts and tribunals are considered public authorities

Question 10

Explain what implied horizontal effect is and give a case example?

Answer 10

If a human rights issue is raised in a private case, the public authority e.g the court which hears the case) is under a duty to protect these rights (Douglas and Jones v Hello! Ltd)

Question 11

Define Section 10 of the HRA?

Answer 11

If a declaration of incompatibility has been issued, Parliament has the power to change the quickly using a fast-track procedure

Question 12

Under what conditions can parliament change the law using the fast track procedure?

Answer 12

Under s10(2) Parliament can change the law using the fast track procedure if there is a ‘compelling reason’. However, merely issuing a declaration of incompatibility is not necessary ‘a compelling reason’

Question 13

Define Section 19 of the HRA?

Answer 13

All legislation that is passed after the HRA 1998 came into force should have a statement of compatibility

Question 14

What’s the legal loophole employed by Ministers when it comes to section 19? Give an act when this is used

Answer 14

Under s19(1)(b) a law can be passed without a statement of compatibility. Ministers are not saying the law is ‘incompatible’ just that they are unable to declare it ‘compatible’. Two bills that did not have a statement of compatibility are the Local government bill 2000 and the Communications Bill 2003. Both are now acts of parliament

Question 15

Define section 8 of the HRA?

Answer 15

A court may grant ‘any just and appropriate remedy within its powers’