Untitled Deck Flashcards
What is the Human Rights Act of 1998?
The Human Rights Act of 1998 incorporates the European Convention on Human Rights into UK domestic law.
How does Section 2 of the Human Rights Act affect domestic courts?
Section 2 requires domestic courts to take into account judgments of the European Court of Human Rights, but they are not bound to follow them.
What does Section 3 of the Human Rights Act state?
Section 3 provides that primary and subordinate legislation must be read and given effect in a way that is compatible with Convention rights, as far as possible.
What power does Section 4(2) grant to higher courts?
Section 4(2) allows higher courts to declare legislation incompatible with Convention rights, but the declaration does not affect the validity of the provision. It puts pressure on the government to change the law.
How can the government address a declaration of incompatibility with Convention rights?
The government can remedy the breach by making a remedial order or by amending or repealing the offending legislation through an Act of Parliament.
What does Section 6 of the Human Rights Act state regarding public authorities?
Section 6 makes it unlawful for a public authority to act in a way that is incompatible with Convention rights.
How does the Human Rights Act apply to the courts?
The Human Rights Act applies to the courts as public authorities, and they must apply Convention rights in their judgments, potentially affecting relationships between private individuals.
What is the significance of Section 7 of the Human Rights Act?
Section 7 states that a claimant can only bring proceedings for a breach of a Convention right if they are a victim of the breach, meaning they must be directly and personally affected.
Can pressure groups bring claims for breach of Convention rights?
Generally, pressure groups cannot bring such claims. However, in exceptional cases, like the Schweiz v. Switzerland climate change case, the ECHR allowed a pressure group to represent those affected.
What does Section 8 of the Human Rights Act allow the courts to do?
Section 8 allows the courts to award damages for breaches of Convention rights when necessary to afford just satisfaction.
How does the court determine the priority of conflicting Convention rights?
There is no strict hierarchy of rights. The court determines priority on a case-by-case basis by analyzing the facts of the specific case.
How do Articles 8 and 10 of the ECHR conflict in legal cases?
Article 8 protects the right to private life, while Article 10 guarantees freedom of expression. Courts often have to balance these rights, especially in cases involving celebrities and the media.
What does Section 12(4) of the Human Rights Act address?
Section 12(4) requires the courts to have particular regard to freedom of expression when considering privacy claims, and they must assess factors like public interest and whether the material is already public.
What is the ‘reasonable expectation of privacy’ test?
The ‘reasonable expectation of privacy’ test, used in cases like Naomi Campbell, assesses whether a claimant has a reasonable expectation of privacy based on factors like their attributes, the nature of the activity, and the circumstances.
In what case did the court prioritize the right to privacy over freedom of expression?
In the Naomi Campbell case, the court prioritized her right to privacy, considering the intrusion caused by the photograph of her leaving a Narcotics Anonymous meeting.
