Human Rights Act 1998

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7 Terms

1
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s2

UK courts must take into account, but not necessarily follow, relevant cases from ECtHR

2
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s3

UK laws must be applied in a way that protects rights, “as far as it possible to do so”

applies to courts and public authorities

courts can disapply secondary legislation, and choose which laws to implement

3
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s4

declaration of incompatibility

does not automatically change the law

Bellinger v Bellinger

4
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s6

duty on public authorities

no exhaustive list - gives individuals more protection

5
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s7

if a public body breaches s6, person affected can bring legal proceedings against them

6
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s8

if a breach is found, damages or remedies can be granted

necessary, just and appropriate

7
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s19

statement of compatibility for new laws