Sections Of HRA 1998

Question 1

S7

Answer 1

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

Question 2

S2

Answer 2

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

Question 3

Which cases link to S2 HRA 1998

Answer 3

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

Question 4

S3 + Ghaidan

Answer 4

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?

Question 5

S4

Answer 5

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

Question 6

Which case links to S4 and what happened?

Answer 6

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

Question 7

Main problem with S4:

Answer 7

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

Question 8

S6

Answer 8

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