HRA 1998

Question 1

Reasons for introducing the HRA 1998

Answer 1

Provide a faster, cheaper domestic remedy and strengthen human rights protection without undermining parliamentary sovereignty.

Question 2

Purpose of the HRA 1998

Answer 2

Make human rights protection more accessible while respecting parliamentary sovereignty.

Question 3

Key Provisions HRA 1998

Answer 3

Sections cover rights protection, interpretation of legislation, declarations of incompatibility, and duties of public authorities.

Question 4

Sections 2 and 3: Interpretation of Convention Rights

Answer 4

Courts must take ECtHR decisions into account (s.2) and interpret legislation compatibly with rights (s.3).

Question 5

Section 2: ECtHR Decisions

Answer 5

UK courts must follow consistent Strasbourg jurisprudence, adjusting as it evolves.

Question 6

Section 3: Interpretation of Legislation

Answer 6

Courts must interpret laws compatibly with Convention rights “so far as possible.”

Question 7

Section 4: Declaration of Incompatibility

Answer 7

Courts may declare a law incompatible with Convention rights but it does not invalidate the law.

Question 8

Section 6: Public Authorities

Answer 8

Public authorities must act compatibly with Convention rights, with some exceptions.

Question 9

Proceedings and Remedies

Answer 9

Victims of human rights violations can bring claims; courts may grant remedies, including damages in civil cases.

Question 10

The Scotland Act 1998

Answer 10

Scottish Parliament must legislate in line with Convention rights; public authorities must comply with the HRA.