The Impact of the HRA and the ECHR on the British Political System Flashcards
When was the ECHR established by the Council of Europe?
1950
What is the Council of Europe?
this is an intergovernmental body that is totally separate from the EU
Who investigates alleged violations of the ECHR?
the European Commission on Human Rights
Where is the ECHR based?
In Strasbourg
What is the highest court of the EU?
The ECJ
What does the ECJ do? (2)
- ensures the uniform interpretation and application of EU law
- adjudicates disputes between member states
When did the HRA 1998 come into force?
2000
What did the HRA incorporate from the ECHR into UK law?
most of the articles
What did the incorporation of the articles from the ECHR into the HRA allow citizens to do?
This allows citizens to pursue cases under the ECHR through UK courts as opposed to having to go directly to the ECHR
What 2 things does the HRA not have the same legal status as?
- US Bill of Rights
- EU law
Although the courts cannot void parliamentary statute under the HRA , what can they do?
they can make a declaration of incompatibility and invite Parliament to reconsider the offending statute
Why can the courts not void parliamentary statute under the HRA?
as it is based upon the Council of Europe’s ECHR rather than on EU law and therefore has only persuasive authority
What is article 5 of the HRA?
‘public emergency threatening the life of the nation’
When was part 4 of the Anti-Terrorism Crime and Security Act 2001 only passed?
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’
What did part 4 of the Anti-Terrorism Crime and Security Act 2001 do?
-indefinite detention without trial
