SUMMARY Flashcards
article 5
articles of european convention of human rights (ECHR)
right to liberty and security
article 6
articles of european convention of human rights (ECHR)
right to a fair trial
article 8
articles of european convention of human rights (ECHR)
respect for your private and family life, home and correspondence
article 10
articles of european convention of human rights (ECHR)
freedom of expression
article 11
articles of european convention of human rights (ECHR)
freedom of assembly and association
section 2
key sections of human rights act 1998
domestic courts must consider the judgments of past ECtHR cases (although not bound by them)
section 3
key sections of human rights act 1998
so far is as possible, UK courts must interpret acts in a way which is compatible with the ECHR rights
section 4
key sections of human rights act 1998
- declaration of incompatability - a formal legal statement that the particular law interferes with human rights
- it is strongly encoruagesparliament to amend the law
section 6
key sections of human rights act 1998
a public body includes any person or body whose functions are of a public nature
section 7
key sections of human rights act 1998
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
section 8
key sections of human rights act 1998
if the courts finds the act or decision unlawful then remedies include damages (compensation) or could be an injuction