protection of hr

• absolute rights - cannot be taken away
• limited rights - state can limit in certain scenarios
• qualified rights - ecthr can decide if interference with rights is allowed
• article 15 - can derrogate in times of war or a public emergency
• derrogate - excemption - don't need to follow
• uk is dualist
• dualist - parliment must pass law for eu laws to count - don't become law automatically
• monist system - automatically becomes law
• entrenchment - a procedure that would make an act of parliment difficult to repeal or ammend in the future
• bill of rights - list of hr that can't be taken away
• arguments for bill of rights - all issues handled in domestic courts - supreme court would be highest - prevent foreign nationals using hra to stay in country
• argument against bill of rights - breach good friday - need devolved nations to agree
• strengths of hra - parliementary supremacy - reduces issues with ecthr - challenge in uk instead of strasbourgh - interpret convention rights
• weaknesses of hra - strain on judges to avoid declerations of incompatibility - still might take along time - can be repealed
• vertical relationship - power above - individual v state
• horizontal relationship - equal power - individual v individual