Essay Plan: How significant is the human rights act? (22)

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  • Created by: carts
  • Created on: 24-05-22 10:51

VERY SIGNIFICANT

  • Has allowed judges to ensure that governments do not act ultra vires e.g, 2019, Boris Johnson's proroguing of Parliament was ruled unlawful
  • Courts can issue a declaration of incompatibility to show Parliament that their legislation breaches an article of the HRA
  • Judges can challanged government ministers policy to defend the rights of citizens
  • Courts are active in ruling government policy as breaching the HRA e.g., Home Secretary David Blunkett had is asylum policy ruled as breaching the right to freedom from inhuman/degrading treatment if they denied refugees food and shelter if they did not claim asylum in 'reasonable time'
  • Pippa Middleton Photo Case- Theoretically right to freedom of expression would allow the press to publish the photos of the royal children that has been retrieve from Middleton's iCloud drive however in doing this, the press would breach…

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