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HRA 1998 - Coggle Diagram
HRA 1998
S.6
it is unlawful for a public authority to act (or fail to act) in a way that is not compatible with the rights of the Convention, unless it is authorised to do so by an Act of Parliament.
Public authorities expressly includes courts and tribunals, it also includes anyone whose functions are of a public nature such as the police, Government Departments, state schools, local authorities etc.
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S.4
Declaration of incompatibility. If it is not possible to interpret the law in a way that is compatible with the Convention rights the court can issue a ‘declaration of incompatibility.’
Declaration of incompatibility. If it is not possible to interpret the law in a way that is compatible with the Convention rights the court can issue a ‘declaration of incompatibility.’
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Gives effect to ECHR
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Convention created by the Council of Europe in 1950 following WW2, to prevent such atrocities from ever occurring
introduced by the Labour Government to “bring rights home,” and now have positive rights instead of negative as before they couldn't do anything unless law prohibited it
S.3
'in so far as it is possible to do so' judges must interpret primary and secondary legislation in a way that is compatible with the Convention rights.
Interpretive obligation. 'in so far as it is possible to do so' judges must interpret primary and secondary legislation in a way that is compatible with the Convention rights.
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S.7
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can now rely on the Convention Rights and Agreements directly in our National Courts. They can still petition the European Court of Human Rights in Strasbourg
S.2
judges must now ‘take into account the judgments, decisions and opinions of the ECtHR.
judges must now ‘take into account’ the judgements, decisions and opinions of the ECtHR. Whilst they aren’t strictly binding, judges will take them into account out of respect for the Convention.
S.10 & S.19
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S.19 -every Government Bill is required, on publication to include a statement from the Minister responsible for the Bill as to whether in his/her opinion the Bill is compatible with the Convention rights.