Role of Domestic Courts (AQA A-Level Law): Quizzes

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Role of Domestic Courts
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What did the HRA 1998 allow citizens to do regarding Convention rights violations?

Apply directly to UK domestic courts

What must be used first before pursuing a Human Rights Act claim?

Existing domestic legislation

In Re: Medicaments, what did the Court of Appeal refuse to follow?

House of Lords' decision in Gough

How did Lord Steyn describe the section 3 interpretative obligation in R v A?

A strong one

What may courts adopt under section 3 to achieve Convention compatibility?

Linguistically strained interpretations

How should a declaration of incompatibility be treated under section 3?

As a measure of last resort

Which ECHR Articles were the Mental Health Act 1983 provisions incompatible with?

Articles 5(1) and 5(4)

What could the court NOT do in H v Mental Health Review Tribunal?

Change the law itself

What power does the ECtHR lack when a state breaches Convention rights?

Power to compel changing domestic laws

What limitation exists regarding ECtHR compensation awards?

No means to enforce payment

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