HR consolidated Flashcards
(17 cards)
What is the Human Rights Act 1998 (HRA 1998)?
It incorporates the European Convention on Human Rights (ECHR) into UK law and allows individuals to bring human rights claims against public bodies.
What does Section 2 of the HRA require courts to do?
Take into account decisions of the European Court of Human Rights (Strasbourg), but they are not strictly binding.
Section 2 case example
R (Ullah) v Special Adjudicator [2004]
What does Section 3 HRA 1998 require?
Courts must interpret legislation to be compatible with ECHR rights where possible.
Section 3 case example
What is a Declaration of Incompatibility and under which section does it fall?
Under Section 4, courts can declare legislation incompatible with ECHR, but cannot strike it down.
Section 4 case example
A v Secretary of State for the Home Department [2004]
What does Section 6 HRA state?
It is unlawful for public authorities to act in a way that is incompatible with Convention rights.
Case example section 6
YL v Birmingham City Council [2007]
Who can bring a human rights claim under Section 7 HRA?
Any person who is (or would be) a victim of a rights violation.
What does Section 8 HRA provide?
Courts may grant remedies (including damages) where necessary for just satisfaction.
Case example section 8
R (Greenfield) v Secretary of State for the Home Department [2005]
How do human rights integrate with judicial review?
They add proportionality as a ground when Convention rights are engaged.
What is the proportionality test from Bank Mellat [2013]?
Legitimate aim?
Rational connection?
Less intrusive measure available?
Fair balance between individual rights and public interest?
How does the HRA fit with the UK constitution?
It preserves parliamentary sovereignty and enables courts to protect rights through interpretation (s.3) and DOI (s.4), supporting the rule of law and separation of powers.
Name 3 key HRA-related cases for exams.
Ghaidan v Godin-Mendoza (s.3)
A v SSHD (s.4)
Bank Mellat (proportionality)
