Human Rights Act 1998

purpose

“to give further effect to human rights and freedoms guaranteed under the ECHR”

reduced reliance on Strasbourg, made Convention rights directly enforceable, encouraged human rights awareness in the government and culture in UK

procedural access to rights R v Lambert

section 2

courts must consider ECHR case law

section 3

interpreting legislation compatibly with Convention rights “so far as possible”

R v A: ordinary interpretation → identify incompatibility → apply s 3 if present

can read words in, down, modify meaning, depart from Parliament’s original, intention, give strained interpretation if necessary

can’t legislate, go against ‘grain’ of legislation, rewrite scheme, create major policy changes if legislative judgement required

section 4

declarations of incompatibility

used where s 3 interpretation not possible or would contradict statute, alter a fundamental feature, or require policy decision

may be refused where issue is politically sensitive or Parliament considering reform, but can still make declarations where reform is planned Bellinger v Bellinger

cannot challenge absence of law or strike down legislation

section 6

(1) Public authorities to act compatibly with rights

(2) gives exceptions to (1)

(3) courts are public bodies

(b) hybrid public bodies perform both functions

section 7

defines victims who may bring proceedings for challenge (not the same as judicial review)

section 8

courts may grant remedies

e.g damages, declarations of independence, injunctions, quashing orders

section 10

remedial orders

Ministers may grant remedies and amend subordinate legislation to make more compatible

Parliament remains in ultimate control because Ministerial power to amend is discretionary and requires “compelling reasons”

section 19

ministers must declare compatibility of Bills