Flashcards
Declaration of Incompatibility
Cards in this deck (5)
- 1What is a declaration of incompatibility?This is where they are exercising their s3 rights, asking the government to change the legislation. It does not effect the current law and only will change if Parliament decides to do so.
It does not make the law immediately incompatible until it is changed. - 2What is a minister sponsoring bill mean for declaration of incompatibility?A minister sponsoring a Bill before either House of Parliament must make a statement that the contents of the Bill are compatible with Convention rights or, alternatively, to state that a statement of compatibility is not being made but the government nevertheless wishes to proceed with the Bill (s.19 HRA 1998).
A statement of compatibility will not protect the legislation, once passed, from judicial scrutiny. Moreover it does not cover amendments that might be made afterwards. - 3What does s7(1) of the HRA state?S.7 (1) HRA 1998 “A person who claims that a public authority has acted …in a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b)rely on the Convention right or rights concerned in any legal proceedings,
but only if he is (or would be) a victim of the unlawful act. - 4JR1’s application [2011] NIQB 5To be a victim, the applicant must be directly affected by the breach of a convention right or some direct effect must be foreseeable.
- 5What is the victim test(check what exactly it is, it might come under the case above)?
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- Public Law Judicial Review (Human Rights Act 1998 Part 2) Flashcards on Declaration of Incompatibility, created by James Dolton on 05/05/2017.
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- James Dolton
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