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PL12 (Reasons for enacting the HRA 1998 (Large number of cases against the…
PL12
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Case law
- Re S (Children) and Re W (Care Orders) [2002]
- CA used s.3 to read in to Children Act 1989 a range of new powers and procedures re care orders. HL reversed this: said CA was legislating rather than interpreting
- R v A (No 2) [2002]
- HL - provisions of s.41 Youth Justice & Crim Ev Act 1999 should be construed using Art 3. Lord Steyn - interpretative obligation is strong
- Ghaidan v Godin-Mendoza [2004]
- Bellinger v Bellinger [2003]
- HL - declaration of incompatibility re Matrimonial Causes Act 1973 - marriage only between a male and female
Public authority
What is it?
Core: bodies which are obviously public authorities by their inherent nature: classic public bodies e.g. central govt depts; local authorities; police; immigration auths; armed forces; security services; court; tribunal
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Hybrid: e.g. privatised utility - performing function(s) of a public nature (e.g.: R (Weaver) v London and Quadrant Housing Trust)
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Constitutional impact: public bodies must be aware of need to protect Convention rights. Creating a human rights culture in public auth's.
Scope of the duty
s.3 - Interpretation of legislation - courts must try to interpret domestic legislation so far as it is possible to do so
s.4 - declarations of incompatibility - if courts are unable to read leg in a way that is compatible, can declare that leg to be incompatible - i.e. make a DOI. Parl can choose to rectify.