HR before and after UK

Question 1

when HR act made

Answer 1

passed in 1998, came into effect in 2000

Question 2

HRA’s interpretative duty

Answer 2

Acts of parliament to be interpreted for compatibility with convention rights, so far as its possible to do so.

makes it clear that legislation that can’t be compatible remains valid and courts required to enforce it.
so Parliament retains sovereignty

Question 3

3 techniques open to court when interpreting statute to ensure it is convention compliant

Answer 3

reading down - to introduce limited words or meanings in acts that give ministers wide discretionary powers

reading in - introduce words or meanings into act to create safeguards to ensure its compatibility

reading out - where courts remove or will not enforce provisions which would otherwise make statute incompatible

Question 4

primary legislation

Answer 4

legislation that was in force before HRA 1998 came into force in 2000 is subject to this interpretative duty.

To avoid great repeals, courts given power to resolve incompatible legislation on case-by-case basis

Question 5

secondary legislation

Answer 5

delegated legislation that can’t be interpreted in way compatible with ECHR is invalid and not to be applied by courts
as parliament can’t have intended to authorise DL that violates fundamental rights

Question 6

declaration of incompatibility

Answer 6

declaration doesn’t affect validity of legislation.

Govt has choice of;

• doing nothing
• changing offending law or practice
• making remedial order (amending act or repeal)

example of incompatible: Bellinger v Bellinger