SUMMARY Flashcards

1
Q

article 5

articles of european convention of human rights (ECHR)

A

right to liberty and security

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2
Q

article 6

articles of european convention of human rights (ECHR)

A

right to a fair trial

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3
Q

article 8

articles of european convention of human rights (ECHR)

A

respect for your private and family life, home and correspondence

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4
Q

article 10

articles of european convention of human rights (ECHR)

A

freedom of expression

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5
Q

article 11

articles of european convention of human rights (ECHR)

A

freedom of assembly and association

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6
Q

section 2

key sections of human rights act 1998

A

domestic courts must consider the judgments of past ECtHR cases (although not bound by them)

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7
Q

section 3

key sections of human rights act 1998

A

so far is as possible, UK courts must interpret acts in a way which is compatible with the ECHR rights

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8
Q

section 4

key sections of human rights act 1998

A
  • declaration of incompatability - a formal legal statement that the particular law interferes with human rights
  • it is strongly encoruagesparliament to amend the law
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9
Q

section 6

key sections of human rights act 1998

A

a public body includes any person or body whose functions are of a public nature

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10
Q

section 7

key sections of human rights act 1998

A

a person can only bring a human rights case against a public body (vertical relationship) but only if they are directly affected by the act or decision of that body

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11
Q

section 8

key sections of human rights act 1998

A

if the courts finds the act or decision unlawful then remedies include damages (compensation) or could be an injuction

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