631156
Description
Mind Map by Marcus Danvers, updated more than 1 year ago
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Created by Marcus Danvers
over 10 years ago
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(5) Judges and Civil Liberties -
Human Right Act 1998 continued
- Court powers in
relation to HRA
- The HRA nevertheless, when a court believes that
legisation cannto be reconciled with Convention
rights, it issues a "declaration of incompatibility"
- This forces Parliament either to revise the legislation in
question and bring it into line, or to set aside certain of
its provisions through the process of "derogation
- This forces Parliament either to revise the legislation in
question and bring it into line, or to set aside certain of
its provisions through the process of "derogation
- The HRA nevertheless, when a court believes that
legisation cannto be reconciled with Convention
rights, it issues a "declaration of incompatibility"
- Cases in which the HRA or
ECHR have been used to
protect individual rights are:
- The rights of "spouses" to succed to a tenanct in event of
a tenant's death was extended to homosexual couples (2004)
- Nine terrorist supsects held without trial in Belmarsh Prison were
released on grounds that the law on which they were held was based
on discrimination between foreign nationals and UK subjects (2004)
- The decision not to deport the murderer of
Philip Lawrencewhen his sentence is
complted to his country of origin, Italy (2007)
- The Court of Appeal Blocked the deportation to Jordan of Abu Qatada
(belived to be senior figure in al-Qaeda) due to fears of torture being
used in trial, deported in 2013 over new anti-torture treaty
- In a ruling linked to the HRA, the Supreme
Court declared that measures to freeze that
assets of terrorist suspect were unlawful (2010)
- An immigration tribunal prevented the deportation to
Pakistan of two terrorist suspects associated to al-Qaeda
- The rights of "spouses" to succed to a tenanct in event of
a tenant's death was extended to homosexual couples (2004)
- What power does the
HRA give to the judiciary?
- The Act has significantly strenghened the ability
of judges to apply the rule of law and uphold individual
rights, including the rights of unpopular minorities
- This has forced ministers to be more sensitive to
civil liberties , thereby promoting greater
accountability and improving trust in government
- This has forced ministers to be more sensitive to
civil liberties , thereby promoting greater
accountability and improving trust in government
- The Act has significantly strenghened the ability
of judges to apply the rule of law and uphold individual
rights, including the rights of unpopular minorities
- How has the judiciary challenged
legislation with regards to human rights?
- Judges are, effectively,
able to "rewrite" legisation
- Judges are able to encroach on
the policy-making role of politican
- Judges are able to encroach on
the policy-making role of politican
- Judges interpreation of the Act - has
been criticized for applying an unbalanced
view of individual rights that fails to take
sufficient account of civic responsibilities
- Judges are, effectively,
able to "rewrite" legisation
- How has the HRA upheld judicial
independence from the executive or legislative?
- Judges to use the power of the
state in favour of individual rights
- The Coalition have suggested a
move to a UK Bill of Human Rights
- Though this act, it appeas, that the
situation of the judiciary forcing the
state seems to have been reversed
- Judges to use the power of the
state in favour of individual rights
- Howads warns against
Judicial activism 2005
- Conservatives leaders repeated his
pledge to read Britain's Human Right Act
- Aggressive judicial activism will undermine the
public confidence in the impartiality of our Judiciary
- Conservatives leaders repeated his
pledge to read Britain's Human Right Act
- Has there been a
growth in Judicial review
- UK Judge cannot overturn Acts of Parliament Because
of the principles of parliamentary sovereignty
- They can determine the lawfulness of action on the basics of delegates
legisaltion using the power of Ultra-vires - where by Judges debate
whether Public servants have acted without statutory authority
- A growth in judicial activism since 1980's has encouraged
the power of judicial review (1999 - 45,000 cases)
- E.G 2011, high court ruling that Michael Gove, abused
his power in failing properly to consult 6 councils over
plans to stop their school building ptogrammes
- UK Judge cannot overturn Acts of Parliament Because
of the principles of parliamentary sovereignty
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