Sections Of HRA 1998 Flashcards Preview

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Flashcards in Sections Of HRA 1998 Deck (8)
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1
Q

S7

A

Incorporates ECHR into domestic law. No longer have to go to Strasbourg

2
Q

S2

A

Must take precedent from ECHR into account. However if conflicting UK precedent, UK will be followed

3
Q

Which cases link to S2 HRA 1998

A

Leeds v Price-domestic precedent is followed when conflicted with ECHR precedent
Ullah-If no UK precedent, courts follow ECHR precedent

4
Q

S3 + Ghaidan

A

Interpretation of domestic legislation-must be compatible with human rights. Allows judges to interpret law to fit in with times, so goes beyond purposive approach: too much power?

5
Q

S4

A

Declaration of incompatibility-courts can make this if legislation is not in line with HRs at last resort

6
Q

Which case links to S4 and what happened?

A

Anderson- Home secretary declared incompatible with A6, so parliament removed this power and gave to courts in CJA 2003.

7
Q

Main problem with S4:

A

Law remains intact until parliament change it. Democratic but they are not inclined to change the law

8
Q

S6

A

Unlawful for a public body to act in a way that is incompatible with convention rights