HRA active recall Flashcards
(33 cards)
When did the UK ratify the European Convention of Human Rights (ECHR)?
1951
In what year did the UK accept the European Court of Human Rights’ jurisdiction?
1966
When was the European Convention of Human Rights brought directly into UK law?
2000
What type of legal system was created by the ECHR not being directly recognized in UK courts before the Human Rights Act?
Dualist legal system
What was Labour’s pledge in their 1997 manifesto regarding human rights?
Bring Rights Home
What does the Human Rights Act 1998 allow regarding convention cases?
Heard in the UK directly without going to Strasbourg
Is the Human Rights Act 1998 an entrenched act?
No, it’s an ordinary Act
According to Section 6, what is unlawful for a public body?
To act in a way incompatible with a convention right
What effect does the Human Rights Act have on non-state bodies?
Does not have horizontal effect
What is the concept of vertical effect in the context of the Human Rights Act?
Private companies providing public services can be sued
What did the Supreme Court rule regarding the courts as public bodies?
Must change common law to be compliant with the convention
Who can claim under Section 7 of the Human Rights Act?
People whose rights have been infringed or potentially infringed
What is the time limit for bringing a claim under the Human Rights Act?
3 months from awareness
What must UK courts do according to Section 2 of the Human Rights Act?
Take into account ECtHR decisions
In what case did the Supreme Court demonstrate a discursive relationship with the ECtHR?
Manchester City Council V Pinnock
What is the purpose of Section 3 of the Human Rights Act?
Statutory interpretation must be compatible with Convention Rights
What is ‘reading down’ in statutory interpretation?
Introducing limiting words or meanings
What does ‘reading in’ entail?
Adding words or meanings to ensure compliance
What is the function of Section 4 of the Human Rights Act?
Allows courts to issue declarations of incompatibility
What type of remedies can courts provide under Section 8?
Just or appropriate remedies including damages or injunctions
What power does Section 10 grant to ministers?
Amend legislation to make it convention compliant
What is required for a minister to issue a derogation order under Section 14?
Certification of necessity to derogate from the convention
What does Section 19 mandate for all bills following the HRA 1998?
Must have a statement of compatibility with human rights
