Human Rights Act

The status of the ECHR on Human Rights in the UK before the HRA 1998: what did the UK grant?

‘individual petition’ - the right for people to take their cases directly to Strasbourg

The status of the ECHR on Human Rights in the UK before the HRA 1998: After 1966, where the ECtHR found the UK to be in breach of the ECHR….

the UK was obliged to change the law so as to eliminate the incompatibility

The status of the ECHR on Human Rights in the UK before the HRA 1998: Parliament were also required to consider….

the compatibility of any proposed new legislation with the ECHR

The impact of decisions of the ECtHR on the UK before the HRA 1998: in example: Sunday Times v UK, what did Parliament pass as a result?

The Contempt of Court Act 1981, prohibits the media from publishing information that will prejudice ongoing legal trials.

The impact of decisions of the ECtHR on the UK before the HRA 1998: what protected individual rights in the UK before HRA? (7)

• common law

• magna carta

• the bill of rights 1689

• the right of habeus corpus

• judicial review

• statutes

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what does section 2 require?

Judges to take account of decisions of the ECtHR

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what does section 3 impose?

an interpretative duty on the courts. Acts of Parliament are to be interpreted for compatibility as far as possible. However under s3(2)(b) if it is incompatible it still remains valid.

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what does section 4 state?

a court may make a declaration of incompatibility with a Convention right

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: can the supreme court strike down statutory instruments if they are incompatible?

yes

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what duty does section 6 place?

on public authorities to not act in a way that is incompatible with certain rights and freedoms from the ECHR

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what does section 7 HRA allow

a person to bring a claim before a court or tribunal if he is a victim of a breach of a ECHR right

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what does section 8 provide

that the court may only award compensation where it is necessary to afford just satisfaction

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what does section 19 provide

that every bill before parliament must contain a statement saying that it is compatible with the ECHR

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: Could a future Parliament repeal or amend the HRA?

yes

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what events led to successive governments to pass series of anti-terrorism laws

9/11 and 7/7

The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws: what did the Conservative Party 2015 manifesto suggest?

Replacing the HRA with a British Bill of Rights could protect human rights without jeopardising national security or binding Parliament, while potentially adding rights like trial by jury.