After the Enactment of the Human Rights Act 1998 (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
HRA 1998 came into force
HRA 1998 came into force
October 2000
ECHR Articles incorporated by HRA 1998
ECHR Articles incorporated by HRA 1998
Arts 2-12, 14, First Protocol Arts 1-3
Section 3 HRA 1998 requires
Section 3 HRA 1998 requires
Interpret law compatibly with Convention rights if possible
Section 6 HRA 1998 makes this unlawful
Section 6 HRA 1998 makes this unlawful
Public authorities acting incompatibly with Convention rights
Section 4 HRA 1998 allows courts to issue
Section 4 HRA 1998 allows courts to issue
Declaration of incompatibility
Effect of declaration of incompatibility on law
Effect of declaration of incompatibility on law
Does not invalidate, law remains valid and enforceable
S10(2) HRA - minister's duty to amend incompatible law
S10(2) HRA - minister's duty to amend incompatible law
Discretionary ('may'), not mandatory
S2 HRA requires courts do this with ECtHR judgments
S2 HRA requires courts do this with ECtHR judgments
Take into account (not necessarily follow)
Scotland Act & NI Act 1998 relationship with ECHR
Scotland Act & NI Act 1998 relationship with ECHR
Embed ECHR obligations into devolution framework
HRA 1998 criticism: who must identify violations?
HRA 1998 criticism: who must identify violations?
Individuals, not systematic oversight committee