11. Human Rights Act 1998: In the UK Constitution & Reform

What is a core constitutional problem attributed to the HRA 1998 by critics?

It invites courts to address political questions lacking their competence or legitimacy

How do critics argue the HRA impacts modes of governing and legislation?

It encourages political litigation, subjecting governance to judicial challenge and destabilising legislation

Does the HRA fully supersede human rights protection under common law?

No, human rights continue to be protected by domestic common law, with the HRA supplementing it

What was a key aim of the proposed Bill of Rights Bill regarding the Supreme Court?

To ensure the Supreme Court ultimately determines the meaning of Convention rights in domestic law

How did the Bill of Rights Bill propose to impact HRA Section 3?

It aimed to repeal HRA Section 3, preventing courts from altering Parliament's clear will

What long-standing issue exemplifies hostility towards the HRA 1998?

The prisoner voting dispute stemming from the Hirst v UK judgment

Why did the ECtHR deem the UK's prisoner voting ban unlawful in Hirst?

It was a general, automatic, indiscriminate restriction falling outside any acceptable margin of appreciation

What international obligation did the UK have regarding the Hirst judgment

Under Article 46 ECHR, the UK was bound to abide by the final judgment to which it was a party

For how long did the UK remain in violation of the ECHR on prisoner voting?

The UK spent more than a decade in violation of ECHR Protocol 1 Article 3

Name a specific case cited in the 2015 Conservative Manifesto as problematic due to "human rights laws."

The deportation of Abu Qatada, alongside preventing prisoners from voting

What was a consistent reform proposal from the Conservative Party from 2010?

To replace the HRA with a UK Bill of Rights

What body did the 2010 Coalition Government establish to investigate HRA reform?

The Commission on a Bill of Rights was established in March 2011

What was a core argument of the 2012 Commission on a Bill of Rights report?

A UK Bill of Rights would provide strengthened protections and address "lack of ownership"

What did the 2021 government consultation propose for the HRA's replacement?

Replacing HRA with a Bill of Rights balancing individual rights, responsibility, and public interest

How did the Bill of Rights Bill propose to strengthen certain rights?

By retaining substantive ECHR/HRA rights, and strengthening freedom of expression

What new right was proposed for addition in the Bill of Rights Bill?

The right to trial by jury was proposed to be added

How has the HRA improved the relationship between UK courts and the ECtHR?

It led to closer alignment and enabled UK courts to influence ECtHR case law

What is a risk associated with proposed changes to HRA Section 2?

Increased likelihood of individuals pursuing claims in Strasbourg, risking more adverse judgments

Does a Section 4 declaration of incompatibility invalidate the relevant legislation?

No, it does not affect the continuing validity of the legislation

Why is repealing the HRA while remaining an ECHR signatory problematic?

It risks more Strasbourg judgments against the UK due to continuing international obligations