the impact of human rights Flashcards
sytill need to do indepependant human rigts act review (45 cards)
what does section 1 of the HRA bring in
Articles 2-12 and 14 European Convention of Human Rights
First Protocol Articles 1-3
Protection of Property
Right to Education
Right to free elections
before the HRA, where did people take their cases to
ECtHR (European court of human rights)
what could they not do in a UK court
They could not argue a case based on a breach of the ECHR in a UK Court.
whats a case example of human rights not being protected very well prior to the HRA 1998
think newspaper
Sunday Times v UK (1979)
where did the HRA come from
labours 1997 manifesto
what were the 3 main purposes of the HRA when it was passed
To ‘bring rights home’ as promised in the Labour manifesto. This was based on allowing UK citizens to challenge human rights issues in UK courts rather than having to go to the ECtHR
Establishing a ‘rights culture’ in the UK
Enabling UK courts to contribute to and help shape the ECtHR case law and decisions
what section is about the impact of the HRA
section 6
what 3 things does section 6 state
it is unlawful for a public body to act in a way which is incompatible with the articles
proceedings can be brought by an individual in a court or tribunal
action can only be taken against a public body carrying out a public functions (not private business, companies, individuals need to be connected to gov)
what type of relationship must it be between the individual and the state
vertical (have more power in decision making e.g governemnt)
what relationships are not covered by the HRA
horizontal relatiosnhips between private individuals
what 3 sections are to do with judicial decisions
section 2
section 3
section 4
what does section 2 state
Any court/ tribunal deciding a case under HRA must take into account all past judgements, decisions, declarations and opinions of the ECtHR
what does section 3 state
UK law should wherever possible be interpreted so it is compatible with the ECHR (senior uk courts decide this)
what cases tell us there has been conflict in how these sections of the HRA have been interpreted by the courts in England and Wales
R (Alconbury) v Secretary of State for the Environment (2001)
Kay v Lambeth (2006)
what does section 4 allow
allows UK courts to make a declaration of incompatibility when a UK act of parliament is not compatible with the ECHR
who can overrule legislation
parliament not courts
can courts make a declaration of incompatibility
yah (ur doing great!)
why may they do this (3 reasons)
protects UK parliamentary sovereignty (supremacy)
after a courts declaration parliament can decide whether to repeal (get rid of). Amend (change) the legislation or simply to do nothing and ignore court judgement
if a change in law happens it only affects future cases- the decision in the case will not be change retrospectively
what does the case of R (Alconbury) v Secretary of State for the Environment (2001) state
house of lords held that UK courts should ‘‘in the absence of some special circumstances, follow any clear and consistent rulings of the ECtHR’’
what does the case of Kay v Lambeth (2006) state
if a UK court is faced with conflicting domestic UK precedent & a decision of the ECtHR, it should follow domestic precedent and refer a case for appeal.
whats the case for declaration of incompatibility
Bellinger v Bellinger (2003)
case facts
court made a declaration of incompatibility under the Human Rights Act 1998 regarding the non-recognition of gender reassignment for the purposes of marriage. This case significantly influenced the legal landscape regarding the recognition of gender identity and the rights of transsexual individuals within the context of marriage
Gender recognition act 2004
C was a transgender woman who wanted to marry a man
House of lords didn’t legally reconsider the marriage as UK law at the time did not recognize a change in gender
R (Anderson) v Secretary of State for the Home Dept (2002)
A and Others v Secretary of State for the Home Dept (2004)
