HR 2

Question 1

section 6 HRA

Answer 1

unlawful for a public authority to act in a way incompatible to the convention

Question 2

Section 8 HRA

Answer 2

(1) court may grant relief or remedy or make such an order within its powers as it considers just
(3) courts that have power to award damages may do so, only if court is satisfied award is necessary

Question 3

section 3 HRA

Answer 3

so far as it is possible, legislation must be read in a way which is compatible with convention rights

Question 4

section 4 HRA

Answer 4

court can issue declaration of incompatibility

Question 5

R v A

Answer 5

wanted to show evidence of previous consensual sex in rape trial - on the basis of Art6 ECHR (fair trial)

Question 6

how section 4 works

Answer 6

a judicial statement - not a strike down power

Question 7

section 2 HRA

Answer 7

court must take into account any convention related judgment or thing

Question 8

effect of s2 HRA

Answer 8

not pinding , must “take into account”

Question 9

Lord Slynn and Bingham on S2 HRA

Answer 9

courts should follow, “keep pace” as strasbourg evolves

Question 10

Lord Roger on S2 HRA

Answer 10

we have no choice, “strasbourg has spoken, the case is closed”

Question 11

Elan-Cane Case

Answer 11

wanted X marked passport made claim for art8 (privacy) and art14(discrimination)
rejected by courts, based on margin of appreciation