Executive Accountability Para 2

Question 1

2.1What does section 6 HRA state about public authorities?

Answer 1

it is unlawful for public authorities to act incompatibly with Convention rights unless a statute requires them to.
–Private bodies carrying out public functuions,courts and tribunals and core public bodies

Question 2

2.2 Courts are public authorities,must develop common law…

Answer 2

allowed Convention rights to be raised in private disputes — known as horizontal effect.

• In Douglas v Hello! and Campbell v MGN, the courts significantly developed privacy rights through this principle. Thus, the HRA extends judicial influence beyond public law and into private legal relationships.

Question 3

2.3 In … V Birmingham city council

Answer 3

YL v Birmingham City Council [2007] – private care provider was not a public authority under s.6(3)(b).
-taking a narrower approach to what counts as a public body narrowing the scope of the HRAs application,showing their restraint
-while parliament is excluded from being a public authority under s.6(60 Executive actions are now routinely subject to rights scrutiny creating stronger legal check on ministerial powers

Question 4

2.4 section 6 analysis

Answer 4

Does not limit parliament directly,but it has transformed the constitutional relationship between the cours and the exectutive allowing for a more rights oriented system without altering the law