Role of Domestic Courts (OCR A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
Before the HRA 1998, where did individuals take Convention rights breach cases?
Before the HRA 1998, where did individuals take Convention rights breach cases?
Directly to the ECtHR in Strasbourg
After the HRA 1998, what obligation do UK courts have regarding ECHR Articles?
After the HRA 1998, what obligation do UK courts have regarding ECHR Articles?
Absolutely bound to consider them
Under Section 3, how strong is the court's interpretative duty?
Under Section 3, how strong is the court's interpretative duty?
Strong, applies even without ambiguity
What must individuals use first before bringing a Human Rights Act claim?
What must individuals use first before bringing a Human Rights Act claim?
Any existing domestic law covering the right
When can someone petition the European Court of Human Rights?
When can someone petition the European Court of Human Rights?
When domestic remedies are exhausted
What happens if a court fails to consider relevant ECHR Articles?
What happens if a court fails to consider relevant ECHR Articles?
It provides grounds for appeal
In R v A (2001), when should a declaration of incompatibility be issued?
In R v A (2001), when should a declaration of incompatibility be issued?
As a measure of last resort
What is the difference between the ECHR and the HRA 1998?
What is the difference between the ECHR and the HRA 1998?
ECHR is a treaty; HRA is UK legislation
What is the ECtHR's position in the English court hierarchy?
What is the ECtHR's position in the English court hierarchy?
Not part of the English court hierarchy
Who can be sued in domestic courts for breaching Convention rights under the HRA 1998?
Who can be sued in domestic courts for breaching Convention rights under the HRA 1998?
Public bodies