Human Rights Act

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Mind Map by , created over 5 years ago

Human Rights Act Mind Map on Human Rights Act, created by zooeythecalisi on 03/11/2014.

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zooeythecalisi
Created by zooeythecalisi over 5 years ago
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Human Rights Act
1 European convention on Human Rights
1.1 UK, one of the primary authors
2 What this means
2.1 Human rights cases can be heard in the UK
2.2 Public Authority

Annotations:

  • -cannot act in a way that is incompatible with a right under the Convention
2.3 Victims can bring cases

Annotations:

  • -not pressure groups
3 Rule of Law
3.1 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.
3.1.1 e.g. jail sentence after a trial

Annotations:

  • in accordance with a procedure prescribed in law
4 Proportionality
4.1 Exercise of rights has to be proportional to the needs of society
4.2 e.g. privacy law vs. media

Annotations:

  • -disproportionate denial of the rights of freedom of express vs.  -disproportionate media intrusion 
5 Court powers
5.1 Primary legislation
5.1.1 declaration of incompatibility
5.1.1.1 Ministers decide what to do next
5.1.1.1.1 remove offending legislation
5.1.1.1.2 victim can take the case to Strasbourg
5.2 Secondary legislation
5.2.1 Judges can set law aside
6 Margin of appreciation
6.1 Cultural differences
6.2 Historical differences
6.3 Philosophical differences

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