753057
The Human Rights Act
1998
- Incorporates EU law on human rights
into UK law
- European Convention on
human rights
- European Convention on
human rights
- Any breach of convention goes to UK courts rather
than ECHR in Strasbourg
- In effect 'the HRA makes the European Convention the
fundamental law of the land'
- How it has failed
- schoolboy arsonist allowed back into classroom
because discipline would apparently deny his
right to education
- burglar given taxpayers money to sue the man whose
house he broke into
- convicted rapist given £4,000 compensation
because his second appeal was delayed
- schoolboy arsonist allowed back into classroom
because discipline would apparently deny his
right to education
- How it has failed
- In effect 'the HRA makes the European Convention the
fundamental law of the land'
- Increased judicial review
- Deciding whether the Executive has
acted ultra vires
- beyond authority
- Provide essential check upon might
of Executive
- beyond authority
- Anti-Terrorism Crime and
Security Act 2001
- Ruled that indefinite detention of suspects went against
articles in HRA
- Imprisonment without trial
- Ruled that indefinite detention of suspects went against
articles in HRA
- Deciding whether the Executive has
acted ultra vires
- UK courts now have right to issue declaration of
incompatibility where a statute violates the rights set
out in HRA
- Parliament does not have to amend the
offending statute
- Can invite parliament to reconsider
legislation
- Parliament must not infringe the rights guaranteed under
the Act
- Parliament must not infringe the rights guaranteed under
the Act
- Parliament does not have to amend the
offending statute
- People can go to UK courts to secure justice
- Judges are now able to apply human
rights law into their rulings
- Judges are now able to apply human
rights law into their rulings
- From 2000, the courts had more power than ever to
hold public bodies and the govt to account for actions
- Helped to develop law of privacy in UK
- Gordon Kaye, TV actor wanted block
publication after reporter entered his
hospital room after emergency brain
surgery
- Gordon Kaye, TV actor wanted block
publication after reporter entered his
hospital room after emergency brain
surgery
- Judges have to interpret law in particular
situation
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