Human Rights Act 1998

• How does the Human Rights Act 1998 impact the protection of rights?

  It incorporates the ECHR into domestic law
• What was the time frame for taking a case to Strasbourg before the HRA 1998?

  Up to 6 years
• What does Section 7 of the HRA 1998 allow individuals to do?

  Bring cases directly to domestic courts
• What is a limitation of the Human Rights Act 1998 regarding its permanence?

  It is not entrenched
• What does Section 2 of the HRA 1998 require from domestic judiciary?

  To take into account relevant jurisprudence
• What is the effect of Section 6 of the HRA 1998 on public authorities?

  They must not act incompatibly with Convention rights
• What case illustrates the application of Section 6 regarding public authorities?

  Donoghue v Poplar Housing (2001)
• What does the case Costello-Roberts v UK (1995) demonstrate about the HRA?

  It shows citizens can sue public authorities
• What must all Bills contain according to Section 19 of the HRA 1998?

  A written statement of compatibility
• What happens if courts find legislation incompatible under Section 4?

  They can issue a declaration of incompatibility
• How many declarations of incompatibility were issued between 2000 and 2020?

  43 declarations
• What does Section 10 of the HRA 1998 allow Parliament to do?

  Use a fast-track procedure to alter law
• What are some advantages of the Human Rights Act 1998?

  Improved access to rights and better awareness
• What are some disadvantages of the Human Rights Act 1998?

  Not entrenched and too much judicial power
• What does Section 3 of the HRA 1998 require judges to do?

  Interpret legislation compatibly with Convention rights
• What is the main criticism of Section 4 of the HRA 1998?

  It gives judges too much power
• What is the purpose of the Equality and Human Rights Commission set up in 2007?

  To monitor the ECHR in domestic law
• What is a key argument for the need for a Bill of Rights in the UK?

  To provide better protection against breaches
• What was the Conservative Party's stance on the HRA 1998 in their manifestos?

  They proposed to scrap the HRA 1998
• What is a potential disadvantage of a Bill of Rights?

  It could increase judicial power
• What is a key argument against the necessity of a Bill of Rights?

  Rights are adequately protected under current laws
• What does the term "Margin of Appreciation" refer to in the context of human rights?

  It allows states discretion in applying rights
• What is a potential issue with the drafting of a Bill of Rights?

  It could lead to uncertainty in rights enforcement
• What is the role of the courts under the HRA regarding primary legislation?

  No power to question or strike out Acts
• What does the term "entrenched" mean in the context of the HRA?

  It cannot be easily repealed or amended
• How does the HRA 1998 compare to the US Bill of Rights?

  The HRA is not entrenched like the US Bill
• What are the key sections of the Human Rights Act 1998?

  • Section 2: Domestic judiciary must consider ECtHR jurisprudence
  • Section 3: Legislation must be compatible with Convention rights
  • Section 4: Courts can issue declarations of incompatibility
  • Section 6: Public authorities must act compatibly with Convention rights
  • Section 7: Individuals can bring cases in domestic courts
  • Section 19: Bills must contain a statement of compatibility
• What are the advantages and disadvantages of the Human Rights Act 1998?

  Advantages:

  • Improved access to rights
  • Encourages conformity with international law
  • Better awareness of rights by citizens

  
  

  Disadvantages:

  • Not entrenched, can be repealed
  • Too much or too little judicial power
  • Rights only enforceable against the state
• What are the functions of the Equality and Human Rights Commission?

  • Providing advice and guidance
  • Conducting inquiries
  • Bringing cases
  • Monitoring ECHR in domestic law
  • Scrutinizing new laws
  • Publishing regular reports
• What are the arguments for and against a UK Bill of Rights?

  For:

  • Control on executive power
  • Increased power of judiciary
  • Entrenchment of rights

  
  

  Against:

  • Unnecessary, rights are protected
  • Undemocratic, increased judicial power
  • Inflexible and hard to change