THE ENGLISH LEGAL SYSTEM

Question 1

What has the incorporation of the HRA 1998 been described as?

Answer 1

• ‘weak’ compared to ECA 1972
• they made sure it was weak to uphold parliamentary supremacy
• less rigid language used in drafting of the HRA to prevent possibility of judiciary striking down Acts of Parliament

Question 2

What impact has the HRA had on parliamentary sovereignty?

Answer 2

• in both R v A 2002 and Ghaidan v Godin-Mendoza s3 of the HRA was used to stretch the meaning of legislation to make it compatible with the Convention rights

Question 3

Where the courts have made a declaration of incompatibility of legislation with ECHR, on who does the pressure fall on to amend or repeal the incompatible legislation?

Answer 3

• the government
• R (Anderson) v Secretary state fro the Home Dept

Question 4

What id the difference between consolidating and codifying legislation?

Answer 4

• consolidating is where one statute re-enacts law which was previously contained in several different statutes
• tidy up law
• codifying is where all law on some topic which may have been previously covered by common law is brought together in one statute