HRA as a BOR

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  • HRA as a BOR
    • The HRA
      • HRA set up in 1998
      • Used to incorporate laws of the ECHR into UK courts
      • residual rights = positive rigts
    • Prior to HRA
      • residual rights = law if didnt say otherwise
      • Malone V Metropolitan Police Commissioner 1979
    • BOR
      • document that protects the individual freedoms of an individual
      • entrenched document
    • ECHR
      • prior to HRA, could be used as extrinsic aid
      • now fully incorporated into domestic laws
      • must exhaust all apellate routes
    • S2, 3 and 6
      • precedent
        • Leeds City Council V Price 2006
      • purposive approach
        • Ghaidon V Mendoza
      • sue a public authority
        • YL V Birmingham City Council
    • S 4, 10 and 19
      • declaration of incompatability
      • fast track procedure
      • declaration of compatability
    • Why a BOR
      • entrenched
        • cannot be easily removed
      • society is ever changing
      • upheld protection of human rights?
      • law will become stagnant and outdated
      • ultimate protection as cannot be removed or changed

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