The Future of Rights Protection: Reforming the Human Rights Act?

Question 1

In 2006, what did David argue about the Bill of Rights?

Answer 1

• Wanted a “modern British Bill of Rights that also balances rights with responsibilities”
• Claimed HRA got in way of British Rights + protecting Government protecting national security

Question 2

Provide the main concerns of the Modern British Bill of Rights in 2006? (link to previous question)

Answer 2

• “Balancing freedom and security”
• HRA making it more difficult to fight crime/terrorism
• Influence of Strasbourg cases (e.g., deportation of foreign national criminals)

Question 3

(A UK Bill of Rights? The Choice Before Us, 2011) What were the main concerns about the HRA?

Answer 3

• “lack of ownership by the public of the existing Human Rights Act and the European Convention on Human Rights”
• “to provide greater protection against possible abuses of power.”
• You can replace as long as it does the sae thing as the HRA

Question 4

What did the Government decide in the 2015 Conservative Manifesto?

Answer 4

“scrap the Human Rights Act, and introduce a British Bill of Rights. This will break the formal link between British courts and the European Court of Human Rights”

Question 5

Why did some believe that the Sovereignty of Parliament was undermined?

Answer 5

• Courts change meaning compatible to HRA is mainly based on what they think themselves
• Should be up to Parliament for making the decisions instead

Question 6

State the 3 Goals for Reform.

Answer 6

1. ECtHR is no longer binding over the UK Supreme Court
2. ECtHR is no longer able to order a change in UK Law and becomes an advisory body only
3. Proper balance between rights and responsibilities in UK law

Question 7

What was the progress like on the Bill of Rights and HRA in 2022?

Answer 7

• Did not proceed as they felt they did not need to do this
• Now done via case-by-case basis

Question 8

Provide some proposals on the Govt’s Case for Reform. (2019)

Answer 8

• Respecting common law traditions + strengthening role of UK SC
• Protecting fundamental rights
• Preventing incremental expansion of rights
• Emphasising role of responsibilities
• Facilitating dialogue with Strasbourg, while guaranteeing Parliament and devoted legislatures their proper roles

Question 9

Provide the Bill of Rights Bill overview with selected sections (HRA comparisons).

Answer 9

• Incorporation of Convention rights (CI.2)
• Interpretation of Convention rights (CI.3)
• Declaration of incompatibility (CI.10)
• Obligation on “public authorities” to respect Convention rights (CI.12)

Question 10

What changes were made in the Interpretation of Convention Rights (CI.3 replacing s2)?

Answer 10

• Courts may adopt interpretation different from EC but should put this into an AOP
• DO NOT take interpretation that’s further from EC unless there’s reasonable doubt for doing this

Question 11

Section 3 HRA was repealed in the British Bill of Rights. What would be the effect of removing s3?

Answer 11

• Relevance of cases which used s3 after the HRA?
• Do those interpretations survive after the HRA? (meaning of law “changed back”?)
• Knock on effect on areas of law which have developed under a s3 interpretation

Question 12

Provide a summary of what Murray says about reforming s3 sensibly?

Answer 12

• S3 interpretations would be “killed” with repeal of s3
• Areas of law relying on s3 interpretations would be reset
• Exact state unclear: no clear records on which s3 has been used or what its effect was