Enforcement Flashcards
(8 cards)
1
Q
What sections of the HRA 1998 ensure human rights are enforced in the UK?
A
- S.2 = ECtHR judgements form persuasive precedent
- S.3 = laws must be interpreted in line with ECHR
- S.4 = judges can declare a statement of incompatibility
- S.6 = its unlawful for public authorities to breach human rights
- S.7 = a person with standing can bring a public authority to court for breach of human rights
2
Q
What is judicial review?
A
- Judges in the KBD review the actions of public authorities to determine if they breached the ECHR
- Case must be brought to KBD be a person with standing
- Case must be brought within 3 months of breach
- May appeal decision to CoA/UKSC/ECtHR
3
Q
What are the potential judge orders following judicial review?
A
- Mandatory (PA must take affirmative action to right wrongs)
- Quashing (PA action was unlawful and therefore void)
- Prohibitive (bans PA from continuing act in future)
4
Q
What are the 4 grounds for bringing a case for judicial review?
A
- Illegality = PA acted UV (AG v Fulham Corp)
- Impropriety = failure to follow procedure (Aylesbury Mushrooms)
- Irrationality = unreasonable (Strickland v Hayes BC)
- Unfairness (ex parte Rogers v Swindon NHS)
5
Q
What is the role of the ECtHR?
A
Interpret and apply the ECHR and decide on cases brought against member states
6
Q
What are the rules of admissibility for bringing a case to the ECtHR?
A
- Time limit (6 months)
- Exhausted all domestic Cts
- Victim of a breach of ECHR
- Suffered disadvantage as a result
- New point of law
7
Q
What is the procedure for taking a case to the ECtHR?
A
- Cases sorted a rules applied by admin staff
- Considered by single judge
- Considered by grand chamber if very importance
- Dynamically interpret ECHR
8
Q
How does the judgement of the ECtHR affect the case?
A
- Not binding in members states
- Forms persuasive precedent
- Often shamed into compliance (Rwanda)
