The Impact of the HRA and the ECHR on the British Political System

Question 1

When was the ECHR established by the Council of Europe?

Answer 1

1950

Question 2

What is the Council of Europe?

Answer 2

this is an intergovernmental body that is totally separate from the EU

Question 3

Who investigates alleged violations of the ECHR?

Answer 3

the European Commission on Human Rights

Question 4

Where is the ECHR based?

Answer 4

In Strasbourg

Question 5

What is the highest court of the EU?

Answer 5

The ECJ

Question 6

What does the ECJ do? (2)

Answer 6

• ensures the uniform interpretation and application of EU law
• adjudicates disputes between member states

Question 7

When did the Human Rights Act (HRA) 1998 come into force?

Answer 7

2000

Question 8

What did the HRA do?

Answer 8

It brought nearly all of the ECHR into UK law.

Question 9

What did the incorporation of the articles from the ECHR into the HRA allow citizens to do?

Answer 9

This allows citizens to pursue cases under the ECHR through UK courts as opposed to having to go directly to the ECHR

Question 10

What 2 things does the HRA not have the same legal status as?

Answer 10

• US Bill of Rights

- EU law

Question 11

Although the courts cannot void parliamentary statute under the HRA , what can they do?

Answer 11

they can make a declaration of incompatibility and invite Parliament to reconsider the offending statute

Question 12

Why can the courts not void parliamentary statute under the HRA?

Answer 12

as it is based upon the Council of Europe’s ECHR rather than on EU law and therefore has only persuasive authority

Question 13

What is article 5 of the HRA?

Answer 13

‘public emergency threatening the life of the nation’

Question 14

When was part 4 of the Anti-Terrorism Crime and Security Act 2001 only passed?

Answer 14

once the government opted to derogate Article 5 of the HRA on the grounds that there was a ‘public emergency threatening the life of the nation’

Question 15

What did part 4 of the Anti-Terrorism Crime and Security Act 2001 do?

Answer 15

-indefinite detention without trial

Question 16

In what case was the HRA used in a non-terrorist-related case?

Answer 16

in the granting of lifelong anonymity to the killers of the toddler Jamie Bulger

Question 17

What article of the HRA did Newspapers use in defence to give them the right to publish details relating to the whereabouts and new identities of the two young men who had killed Jamie Bulger which the court disagreed with?

Answer 17

Article 10. freedom of expression

Question 18

Why did the court disagree that the Newspapers had the right from Article 10 to publish details relating to the whereabouts and new identities of the two young men who had killed Jamie Bulger? (3)

Answer 18

• Breach of Article 2, right to life as their lives were threatened
• Breach of Article 3, prohibition of torture as they were possibly subject to inhuman and degrading treatment
• Breach of Article 8, the respect for private and family life

Question 19

Do all parties still support the HRA?

Answer 19

Broadly yes, but the conservative party has repeatedly talked of replacing it with a ‘British bill of rights’ that remove some of the restrictions that make it difficult to govern.