Human Rights Act 1998

Question 1

Which type of right under the HRA 1998 cannot be limited under any circumstances?

Answer 1

Absolute rights

Question 2

Which type of right under the HRA 1998 can be deviated from only as provided in the article itself?

Answer 2

Limited rights

Question 3

Which type of right under the HRA 1998 can be limited to achieve a legitimate interest?

Answer 3

Qualified rights

Question 4

What test is used in deciding whether action of a public authority that restricts a qualified right is justified?

Answer 4

Proportionality test

Question 5

In restricting a qualified right, the restriction must meet the proportionality test which means its:

1. designed to meet a ____________ ___ sufficiently important to justify interfering with a fundamental right
2. __________ _______ to achieving its aim
3. interfere with the right no more than is _________ to achieve the aim

Answer 5

legitimate aim

rationally connected

necessary

Question 6

What is the name of the concept that refers to the more politically controversial an issue is, the more likely that the courts, when applying the proportionality test, will defer to the member state’s government and Parliament?

Answer 6

Judicial deference

Question 7

If a UK citizen believes the UK courts failed to comply with the ECHR, they can bring an action to which court?

Answer 7

European Court of Human Rights (ECtHR)

Question 8

What is the deadline for submitting applications to the ECtHR from the date of a final decision in a domestic court case?

Answer 8

4 months

Question 9

If the actions of a UK public authority are challenged before ECtHR, they might argue they are entitled to a…

Answer 9

margin of appreciation

Question 10

The ECtHR will likely apply a ______ margin of appreciation where there is consensus among member states on an issue, and a _______ one where there’s disparity

Answer 10

narrow, broader

Question 11

What does the living instrument principle say?

Answer 11

The meaning of the ECHR can adapt to social and economic conditions

Question 12

What 3 principles feed into the living instrument principle?

Answer 12

1. Not bound by previous decisions
2. Consistent approach of contracting states
3. ECHR must be accessible to all individuals

Question 13

Derogation of rights is not allowed for prohibition of torture, ________, and respective _________ _______

Otherwise, it is permitted to the extent it is necessary in the event of ____ or other _______ ________ which threaten the nation

Answer 13

slavery, criminal offences, war, public emergencies

Question 14

Under HRA 1998, When UK courts are dealing with a right under ECHR, they’re expected to follow the _____________ of the ECtHR where there is a clear line of ____________

This is known as the…

Answer 14

interpretation, authority

mirror principle

Question 15

Under HRA 1998, the UK courts are required to interpret legislation in a way that is ________ with the ____ to the extent possible

Answer 15

compatible, ECHR

Question 16

Under the HRA 1998, although the UK courts must take into account any decision by the ECtHR relating to the Convention right in question, are they actually required to follow the ECtHR’s precedents?

Answer 16

No

Question 17

What will the UK Courts do if it can’t interpret an Act of Parliament in a way that’s compatible with ECHR?

Answer 17

Issue a declaration of incompatibility

Question 18

What procedure is available to address laws declared incompatible?

Answer 18

Remedial order procedures

Question 19

Remedial order procedures:

Non-urgent procedure: Amendments to law are presented to and approved by _____ _______ of Parliament they can become law ___ ____ after

Urgent procedure: the amendments become effective ____________ but must be laid before both houses __ _________ and cease to be effective unless they approve within _____ ____

Answer 19

both houses , 60 days, urgent, immediately, of Parliament, 120 days

Question 20

Under Section 6 of the HRA, if someone believes a _______ __________ has acted in a way that’s incompatible with an ECHR right, they can make a claim under the act

Answer 20

public authority

Question 21

Who are excluded from the definition of a public authority?

Answer 21

House of Commons and House of Lords

Question 22

Who can bring a claim under s6 HRA 1998?

Answer 22

Victim of the alleged unlawful action

Question 23

How long do victims have to bring a claim under s6 HRA 1998?

Answer 23

Up to 1 year after the complained of action

Question 24

Under the Civil Procedure rules, how long does someone have to bring a judicial review claim?

Answer 24

Promptly, and in any event no longer than 3 months after the ground to the claim materialised

Question 25

Are remedies for violation for section 6 mandatory?

Answer 25

No - they’re discretionary

Question 26

The Equality Act 2010 protects against discrimination based on 6 broad grounds which are:

Answer 26

Sex, sexual orientation, gender assignment

Race

Disability or age

Religion or belief

Marital or partnership status

Pregnancy and maternity

Question 27

Claims for violation of ECHR’s freedom of discrimination under HRA can be brought only if they’re attached to the breach of ______ _________ _____, but claims under the EQA 2010 can be ____________

Answer 27

another Convention right, freestanding

Question 28

Explain the difference between direct discrimination and indirect discrimination under the EQA 2010

Answer 28

Direct Discrimination - V was treated less favourably because of their protected characteristic

Indirect Discrimination - where a policy is neutral at face value, but affects a protected group unfavourably

Question 29

Can claims against the EQA 2010 be brought against private employers?

Answer 29

Yes