Human Rights Act 1998 and European Convention on Human Rights in the UK

Practice vocabulary flashcards based on lecture notes covering the Human Rights Act 1998, its sections, Convention rights, and relevant case law in UK constitutional and administrative law.

Human Rights Act 1998 (HRA 1998)

Legislation that incorporated the European Convention on Human Rights (ECHR) into UK law, altering how English law deals with disputes between the individual and the state.

Section $1$ of the HRA 1998

The provision that incorporates and gives effect to the Convention rights set out in Schedule $1$, excluding Article $1$ and Article $13$ as the Act itself secures those rights.

Section $2$ of the HRA 1998

The provision stating that domestic courts must ‘take into account’ judgments of the ECtHR, though they are not bound to follow them.

Section $3$ of the HRA 1998

The requirement that primary and subordinate legislation must be read and given effect in a way that is compatible with Convention rights ‘so far as it is possible to do so.’

Section $4$ of the HRA 1998

The power given to the High Court and higher courts to declare an Act of Parliament to be incompatible with Convention rights.

Section $6$ of the HRA 1998

The provision making it unlawful for a public authority, including a ‘court,’ to act in a way that is incompatible with Convention rights unless enforced by an incompatible statute.

Section $7$ of the HRA 1998

The provision specifying that only a ‘victim’ of an unlawful act (someone directly and personally affected) may bring proceedings against a public authority for a breach of Convention rights.

Section $8$ of the HRA 1998

The provision allowing a court in civil proceedings to award damages if it is necessary ‘to afford just satisfaction’ to the injured party.

Section $10$ of the HRA 1998

Creates a ‘fast-track’ procedure allowing the Government to make a ‘remedial order’ to change UK law when legislation is found to be in breach of the Convention.

Section $12(4)$ of the HRA 1998

The requirement that courts have ‘particular regard’ to the right to freedom of expression, especially concerning journalistic, literary, or artistic material.

Section $19$ of the HRA 1998

The requirement for a minister to make a written ‘statement of compatibility’ for a new bill or state that they wish to proceed despite being unable to make such a statement.

Victim

A claimant who is directly and personally affected by a breach of Convention rights, a status required by Section $7$ to bring proceedings.

Horizontal Effect

The principle whereby Convention rights affect relations between private citizens or companies, facilitated because courts are public authorities under Section $6$ with a duty to apply the Convention.

Remedial Order

Delegated legislation used to amend or repeal legislation that has been declared incompatible or found in breach of the ECHR, provided there are ‘compelling reasons.’

Article $8$ of the ECHR

The right to respect for one's private and family life, which includes physical and psychological integrity and personal development.

Article $10$ of the ECHR

The right to freedom of expression, including the right to receive or impart information without interference by public authority.

Bank Mellat Four-Stage Approach

The proportionality test used by courts to determine if a restriction of a qualified right is justified, analyzing the importance of the objective, rational connection, least intrusive measure, and fair balance.

Campbell v Mirror Group Newspapers Ltd [2004]

The leading English case on misuse of private information, establishing the ‘reasonable expectation of respect for private life’ test.

Reasonable Expectation of Privacy

An objective question used to determine if Article $8$ is engaged, considering all circumstances such as the claimant's attributes, the nature of the activity, and the purpose of the intrusion.

Von Hannover v Germany (No 1)

ECtHR case ruling that the decisive factor in balancing privacy and expression for public figure photographs is the contribution to a debate of general interest.

Murray v Express Newspapers plc

A case that expanded privacy protection for children, ruling it arguable that children have a reasonable expectation of privacy when targeted in public places for photography.

Super-injunction

A legal order that prevents the publication of a story and also forbids any reference to the existence of the injunction itself.

Bloomberg v ZXC [2022]

Supreme Court case establishing that individuals under investigation for a criminal offence who have not been charged generally have a reasonable expectation of privacy.

Vidal-Hall v Google inc [2015]

The Court of Appeal ruling that established a tort of ‘misuse of private information’ as distinct from the equitable claim for breach of confidence.