enforcement of hr and judicial review

Cards (8)

  • s2(1) hra - when interpretign convention rights courts or tribunals must take inot consideration the decisions of ECtHR
  • courts must consider prior decision sof ecthr where relevant
  • if there is conflicitng uk precedent with ecthr decisions courts should follow domestic precedent - Kay v lambeth
  • s3(1) hra - interpretation of legislation
  • s3(1) hra - primary legisltion must be read to be compatible with convention rights
  • s4(1) hra - decleration of incompatibility
  • s4(1) hra - if the court is satisfied that the provision is incompatible with a convention right it may make a declaration of incompatibility
  • bellinger v bellinger - hol made a decleration of incompatability - did not recognise marraige between trans woman and a man - gender recognition act to rectify issue