1 / 9

THE HUMAN RIGHTS ACT 1998 : 1

THE HUMAN RIGHTS ACT 1998 : 1. Introduction Background to the enactment of the Human Rights Act 1998. (HRA) The ‘Bill of Rights Debate.’ Problem of Article 13 ECHR – Lustig-Prean v. United Kingdom judgment of 27/09/199. THE HUMAN RIGHTS ACT 1998 : 1.

vaughan-best
Download Presentation

THE HUMAN RIGHTS ACT 1998 : 1

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. THE HUMAN RIGHTS ACT 1998 : 1 Introduction Background to the enactment of the Human Rights Act 1998. (HRA) The ‘Bill of Rights Debate.’ Problem of Article 13 ECHR – Lustig-Prean v. United Kingdom judgment of 27/09/199.

  2. THE HUMAN RIGHTS ACT 1998 : 1 • Limits to use of European Convention in English Courts prior to HRA. • Brind [1991] 1 AC 696 • A/G v. Guardian Newspapers [1987] 1 WLR 1248 • Derbyshire CC v. Times Newspapers [1992] QB 770

  3. THE HUMAN RIGHTS ACT 1998 : 1 • Labour Party Manifesto – 1997 election. • Rights Brought Home Cm.3782 – October 1997 • Perceived Issues • Human Rights Act 1998 – Royal Assent 09/11/1998. Came into force fully 02/10/2000.

  4. THE HUMAN RIGHTS ACT 1998 : 1 • S.2 HRA • DUTY to take European Convention jurisprudence into account, where relevant. • What if a court fails in this duty? – R v. Secretary of State for the Home Department ex p Amin [2003] UKHL 51

  5. THE HUMAN RIGHTS ACT 1998 : 1 • S.3 Interpretative Obligation Fitzpatrick v. Sterling Housing Association [1999] 3 WLR 113 Mendoza v Ghaidan [2002] EWCA Civ 1533 Mendoza v. Ghaidan [2004] UKHL 30

  6. THE HUMAN RIGHTS ACT 1998 : 1 • S.4 The ‘Declaration of Incompatibility.’ • Triggers • R (on the application of Anderson) v S of S for the Home Department [2002] UKHL 46 • What is the effect of a Declaration of Incompatibility? See s.4(6) HRA 1998.

  7. THE HUMAN RIGHTS ACT 1998 : 1 • S.6 Duty of ‘Public Authorities.’ • Who might be covered. • Who is exempt? • Is the duty absolute? -- Wilkinson v IRC [2003] EWCA Civ 814

  8. THE HUMAN RIGHTS ACT 1998 : 1 • S.7 Proceedings • How is a remedy obtained? • What can a Court award? • Is Article 13 ECHR now satisfied?

  9. THE HUMAN RIGHTS ACT 1998 : 1 • S.8 Damages • How will they be assessed? • Will they be adequate?/

More Related