LA4 Protection of Civil Rights and Liberties; A Bill of Rights?

What is the ECHR and its background?

Pre-1998 (HRA)
What were 'residual freedoms'?

Pre-1998
Give an example case where residual freedoms are explained

Pre-1998
Residual freedoms are easy to.... and .... to enforce in court

Pre-1998
What does 'incorporation' mean?

Pre-1998
Did the ECHR alter the way Parliament protected our rights?

Pre-1998
What was the right of individual petition?

Pre-1998
Was the right to individual petition popular? Why?

Pre-1998
What happened if the ECtHR declared the UK had acted illegally in regards to an individual's human rights?

Pre-1998
Explain how the government responded to the alleged restriction on freedom of expression in regards to contempt of court laws (Sunday Times v UK 1979 case).
What does this show about Parliament's attitude to the ECHR pre-incorporation?

Pre-1998
Could individuals try to use the ECHR in court?

Pre-1998
What did the courts prefer to use as a source of human rights?

Pre-1998
What did Lord Ackner say in R v Secretary of State ex part Brind 1990, in regards to the use of the ECHR in court?

Pre-1998
What was said in Derbyshire County Council v Times Newspapers 1993, as opposed to Brind 1990?

Pre-1998
Summarise the effectiveness of the ECHR on the protection of human rights before incorporation

HRA 1998
What did the Human Rights Act 1998 do?

HRA 1998
What does incorporation mean for the status of the ECHR?

HRA 1998
What Articles were incorporated? Which ones were left out?

HRA 1998
Why was Article 1 and Article 13 not incorporated?

HRA 1998
What do we have instead of Article 13?

HRA 1998
What rights to Articles 2-12 and 14 give us?

HRA 1998
What is Section 2 HRA?

HRA 1998
What was decided in Ullah 2004, in regards to Section 2 HRA?

HRA 1998
What was decided in Leeds City Council v Price 2006, in regards to Section 2 HRA?

HRA 1998
What is Section 3 HRA?

HRA 1998
What is Section 4 HRA?

HRA 1998
What 4 cases explain how Sections 3 and 4 should be used?

HRA 1998
Explain what was said in Ghaidan v Godin-Mendoza 2004

HRA 1998
What is Section 6 HRA?

HRA 1998
What two types of organisations can you sue under S6?

HRA 1998
Can you sue a private body under S6?

HRA 1998
Which Acts are private bodies bound by, which help to uphold HRs?

HRA 1998
In deciding whether an organisation is a functional public authority, what did the judge say in Poplar Housing and Regeneration Association v Donoghue 2001?

HRA 1998
What did the Poplar Housing case say about Housing Associations being a FPA?

HRA 1998
What happened in YL v Birmingham CC 2007?

HRA 1998
What is Section 7 HRA?

HRA 1998
What is Section 8 HRA?

HRA 1998
What is Section 10 HRA?

HRA 1998
What is Section 19 HRA?

Limits of the HRA
How is the manner of incorporation a limitation to the effectiveness of the HRA?

Limits of the HRA
Why is the decision to omit Article 13 from incorporation a limitation?

Limits to the HRA
Why is Section 19 a limitation?

Limits to the HRA
What Act has been introduced without a S19 Statement of Compatibility?

Limits to HRA
Why is S10 a limitation?

Limits to the HRA
Give an example of where a DOI has not been acted upon quickly, highlighting the ineffectiveness of S19?

Limits to HRA
Why is S19 bad for those who want the law changed quickly?

Limits to the HRA
What alternatives are there for us if the government does not change the law quickly?

Limits to the HRA
S2 says judges should take into account the precedents of the ECtHR. What law is included in this area?

Limits to HRA
Why is it a negative that courts are asked to take into account other forms of legal authority?

Limits to the HRA
Why is it a negative that only victims can bring a Human Rights case?

Limits to the HRA
How has the problem of claims only being brought by victims been partly solved?

Limits to the HRA
Why is Section 6 a limitation?

Limits to the HRA
How has the problem of S6 been partly resolved?

Limits to the HRA
What are the categories of rights?

Limits to the HRA
Why is the categorisation of rights a limitation?

Positives of the HRA
Between October 2000 and January 2009, the courts have issued only 26 DOIs. Why is this a positive?

Positives of the HRA
Give some examples of DOIs which have resulted in amendments to the law

Positives of the HRA
How has S3 been used effectively by the courts?

Positives of the HRA
How are do the courts have a central role in upholding HRs?

Bill of Rights
If the HRA is ineffective in protecting our HRs, the alternative is a Bill of Rights.
What is a Bill of Rights?

Bill of Rights
How is a BOR different to the HRA?

Bill of Rights
What have the Conservative Party said they will do in regards to the HRA?

Bill of Rights
If we do remove the HRA, how will the UK be affected by the ECHR?

Bill of Rights
What two ideas do the Conservatives have to strengthen the protection of human rights in the UK?

Bill of Rights
What are the difficulties associated with the Conservative ideas?

Bill of Rights
Give an example of who is in favour of a Bill of Rights

Bill of Rights
What are the 4 main reasons for why we need a Bill of Rights?

Bill of Rights
What would curbs on the Executive do? (Positive for BOR)

Bill of Rights
Why is a BOR needed in regards to the attitude of the judiciary?

Bill of Rights
Why is it important that a BOR updates rights in line with today's society?

Bill of Rights
Why do people say a BOR is needed to prove us with British rights?

Bill of Rights
What are the 3 main reasons against a BOR?

Bill of Rights
Why is it a bad thing if the judiciary has increased powers?

Bill of Rights
How does a BOR create inflexibility?

Bill of Rights
Why would a BOR be unnecessary?