Lecture 15: HRA 1998 Flashcards
(13 cards)
Why was the Human Rights Act 1998 introduced?
The Human Rights Act 1998 was brought in to make it quicker and cheaper for people to protect their rights in UK courts, while still respecting Parliament’s authority
What is the effect of s.2 HRA 1998 on UK courts?
The effect of s.2 is that Courts must “take account” of ECtHR case law.
In R (Ullah) [2004], Lord Bingham said courts must follow “clear and constant” Strasbourg jurisprudence.
In Pinnock [2010], courts should not reject consistent ECtHR rulings unless they overlook key UK principles.
How does s.3 HRA affect the interpretation of legislation?
Under s.3 HRA, courts must interpret laws to fit human rights where possible.
In Ghaidan v Godin-Mendoza [2004], Lord Nicholls said They can depart from the literal meaning if needed
In Mercer [2024], Lady Simler clarified that while courts may “read in” words, they cannot change the meaning to the oppsite
Bellinger [2003] showed that where compatibility is not possible, the issue is for Parliament.
What happens if a law cannot be interpreted compatibly under s.3?
Under s.4, courts may issue a declaration of incompatibility, but it doesn’t change the law—only Parliament can do that.
In Nicklinson [2014], the UKSC refused to declare assisted suicide laws incompatible, as the issue was sensitive and Parliament was already considering it.
What is a declaration of incompatibility?
A declaration of incompatibility is when a UK court finds a law conflicts with the Human Rights Act. The law stays, but Parliament is urged to fix it
What does s.6 HRA say about public authorities?
Section 6 says that It’s unlawful for public authorities to act incompatibly with Convention rights unless required by primary legislation.
Who can bring a claim under s.7 HRA 1998?
Only someone who is a “victim” under Article 34 can bring a claim under s.7
What does s.10 HRA 1998 allow the government to do?
Section 10 allows ministers to use fast-track procedures to amend legislation following a declaration of incompatibility.
What is required under s.19 HRA 1998 when introducing a bill?
Under s.19 Ministers must state whether the bill complies with Convention rights, or explain why they wish to proceed despite incompatibility when introducing a bill
What does s.29 of the Scotland Act 1998 say about legislative competence?
S.29 of the Scotlnd Act 1998 says A provision of a Scottish Act is not law if it breaches ECHR rights
What does s.57(2) of the Scotland Act say about ministerial powers?
S.57 of SA 1998 says Scottish Ministers cannot act incompatibly with ECHR or EU law.
What is the effect of s.101 Scotland Act 1998 on interpreting devolved laws?
the effect of s.101 of the SA 1998 is that Courts must interpret laws narrowly to ensure they stay within the Scottish Parliament’s competence.
Who can bring human rights claims under s.100 Scotland Act 1998?
Only a “victim” (as defined by Article 34 ECHR and s.7 HRA) can bring a claim on Convention rights. under s.100 of SA 1998