Human Rights Act

Human Rights Act

European convention on Human Rights
1. UK, one of the primary authors
What this means
1. Human rights cases can be heard in the UK
2. Public Authority
  Annotations:
  - -cannot act in a way that is incompatible with a right under the Convention
3. Victims can bring cases
  Annotations:
  - -not pressure groups
Rule of Law
1. Rights subject to limited interference by the state
  Annotations:
  - by the state in certain legally defined circumstances that benefit society as a whole rather than just the individual.
  1. e.g. jail sentence after a trial
    Annotations:
    - in accordance with a procedure prescribed in law
Proportionality
1. Exercise of rights has to be proportional to the needs of society
2. e.g. privacy law vs. media
  Annotations:
  - -disproportionate denial of the rights of freedom of express vs. -disproportionate media intrusion
Court powers
1. Primary legislation
  1. declaration of incompatibility
    1. Ministers decide what to do next
      1. remove offending legislation
      2. victim can take the case to Strasbourg
2. Secondary legislation
  1. Judges can set law aside
Margin of appreciation
1. Cultural differences
2. Historical differences
3. Philosophical differences

Resource summary

	Created by zooeythecalisi about 10 years ago