The Human Rights Act 1998

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  • Created by: Amy
  • Created on: 15-05-16 19:05
Section 2
Question risen under the Act in connection to convention rights must take into account the ECtHR
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Section 3 - Interpretative Obligations
Legislation must be read and given effect in a way which is compatible with the Convention rights.
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Section 4 - Declarations of incompatibility
if the court thing a provision is incompatible with a Convention right, it may make a declaration of incompatibility. Does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given.
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Section 5 - Right of Crown to intervene
Court considering a declaration of incompatibility, Crown entitled to notice in accordance with rules of court.
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Section 6 - Public authorities' duty not to breach Convention rights
unlawful for a public authority to act in a way which is incompatible with a Convention right. UNLESS - result of provision of legislation, authority could not have acted differently; or the authority was acting so as to give effect to provisions.
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Section 7 - Proceedings: sword and sheild, victim
Person claiming public authority acted unlawfully may bring proceedings in court or rely on the Convention right in any legal proceedings, BUT ONLY IF HE IS A VICTIM
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Section 7(5)
Proceedings must be brought before the end of the period of 1 year beginning with the date in which the act complained of took place, or such longer period as the court consider equitable regarding circumstances.
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Section 7(7) and 7(8)
A person is a 'victim' if he would be a victim for the purposes of Article 34 of the Convention if proceedings were brough in the ECtHR. Nothing in this Act creates a criminal offence.
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Section 8 - Damages possible but residual remedy
Courts may grant relief or remedy, or make order, within jurisdiction that is just and appropriate. No award of damages unless all the circumstances of the case are taken into account. Take into account the principles ECtHR under Art 41.
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Section 9 - Judicial Acts
Proceedings under S7 in respect to judicial acts may be brought only be exercising a right of appeal, on an application for JR or in such other forum as may be prescribed by rules.
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Sections 10 and 18 - Remedial action which can include 'fast track'
Power to take remedial action. S18 - Appointment to ECtHR - the holder of judicial office may become a judge of the ECtHR without being required to relinquish his office.
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Section 12 and 13 - Freedom of expression, freedom of though, conscience and religion
Court grant relief that might affect the exercise of the convention rights mentioned.
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Section 14 to 17 - Derogations and reservations
Any derogation by the UK from an Article of the Convention, or of any protocol to the Convention, which is designated for the purpose of this Act in order. Reservations, period for which designates derogation have effect and periodic review
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Section 19 - Statement of compatibility
Before Second reading of a Bill a minister of the crown must make a statement of compatibility.
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Card 2

Front

Section 3 - Interpretative Obligations

Back

Legislation must be read and given effect in a way which is compatible with the Convention rights.

Card 3

Front

Section 4 - Declarations of incompatibility

Back

Preview of the front of card 3

Card 4

Front

Section 5 - Right of Crown to intervene

Back

Preview of the front of card 4

Card 5

Front

Section 6 - Public authorities' duty not to breach Convention rights

Back

Preview of the front of card 5
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