4.18 Human Rights

Human Rights 

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  • Created by: Jake
  • Created on: 20-05-12 20:10

Where did people have to go to get their Human Rig

European Court of Human Rights
Sits in Strausbourg  

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What are the problems with the old method?

Too far away - Strausbourg
Too costly
Cases can take years to be heard - Hirst V UK (Prisoners vote) 

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When was the HRA introduced and implemented

Introduced - 1998 

Implemented - 2000

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In the European Court of Human Rights what could p

The European Convention of Human Rights

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What are the problems with a convention?

A convention is not law within the UK

MORALLY binding NOT LEGALLY binding

Name a case and explain:

Hirst V UK
Prisoner right to vote
UK said it would change it's law to comply with the ECHR judgements, however, by October 2010 UK still not complied.

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What are the advantages of the HRA 1998

  • It is an Act and all Act's are LEGALLY BINDING within the UK
  • Cases regarding breaches of Human Rights can be heard within the UK
    without
  • having to travel all the way to the European Court of Human Rights
  • Increased remedies - Under S8 the court can award any remedies as long as it is seen as just and appropriate (Damages)
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What does the HRA 1998 include?

Basic human rights such as....

Article 2 - Right to a life

Article 6 - Right to a fair trial 

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What do each of the sections of the HRA state

Section 2
states that judges must think with the Jurisperdence of the convention when dealing with a case

Section 3
Judges must interpret all legislation in a way that is compatible with the convention
How do the Judges interpret the legislation - PURPOSIVE APPROACH

Section 4 (Links with Section 3) 
Is judges are unable to interprate the legislation, they must delcare it incompatible 

If it is declared incompatible it is up to Parliament to amend the law and make it compatible

Name a case example and explain:
Roth V SSHD - Concerened fines imposed on lorry drivers - claimed a breach of Article 6 - Right to a fair trial --- Declaration of incompatibility -- Parl changed law

Section 6:
Cases can only be brought against the State, not against an induvidual 

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Overall advantages of disadvantages of the HRA 199

Advnatages:

  • Quicker, cheaper and easier to bring a case where there is an alleged breach of Human Rights
  • Clarity and accesibility of the Act - Act clearly layed out
  • Increased remedies - When they feel it is just to do so

Disadvantages:

  • It remains an Act which Parliament could repeal at any time (Not entrenched)
  • Only enforceable against the State
  • It is up to 50 years old - Outdated
  • Looseley drafted - Depends on Statutory interpretation (Purposive Approach) 
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