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A UK legislation called Human Rights Act 1998 - Coggle Diagram
A UK legislation called Human Rights Act 1998
Origins
Influenced by European Convention of Human Rights
Lord Scarman 1974, gave influential lectures on the case
New Labor Party in 1996 said they would adopted the convention if they won the election
The New Labor Party won power in 1997
Enacted in 1998
Came into effect in Oct 2000
Limitations of the Human Rights Act
European convention's decisions are not directly part of the EU law
But is the basic source of the human rights act
The court does hold a high presence in verdicts and is very influential
Mirror Principle, where the decisions of the Convention should be similar to those in Strasbourg
Principle of Dialogue
Sometimes the European convention listens to the national courts
R v Horncastle (2009), UK supreme court refused to follow article 6 where a criminal can't be convicted solely based on evidence, argued it was not applicable for common law.
Grand Chamber made an amendment so that Article 6 is not mandatory as long as there is sufficient evidence and legal support to the decision
Grand Chamber verdicts are almost always followed, but chamber decisions can be declined or not followed by countries
Example Higgs 2014, court of appeal did not follow the chambers decision when making an arrest
Only highest level of courts can do this
It is where the British Court can influence the European court, vice-verse.
Interpretation
Section 3 implements the interpretation part
No court has the ability to invalidate an act of parliament, allows parliament to enact bills which might violate of convention rights
Acts of Parliament are to be interpreted so the rights and duties are exercised within bounds and don't breach legal restriction
Incompatibility
If the case is incompatiable with the convention, then the chamber can declare incompatibility
It can be discrete when declearing incompatibility
Only Senior courts can use the declaration of incompatibility
A government must have a chance to have a representation to the court
Case R (H) v Mental Health Review Tribunal N&E London Region [2001]
Declared incompatibility in respect to the health act of 1983, where burden of defense was on the hospital
What is it
It is the decision that the UK legislation is not compliant with the Human Rights Act.
What can the government do
Change the law, usually happens
Remedial order (Basically Amends
a sections of the legislation)
Can only be made by a minister and examined by the parliament
B and L v UK 2006. Women married man, divorced him and dated his dad, the marriage act prohibited them from getting married unless they ask for private pass
Resulted in remedial act with in-laws now being able to marry
Do nothin
Joint Committee of Human Rights
Consists of 12 members which investigate matter related to human rights
Screens bills which don't fit with the Human Rights Act
Main issues is freedom of expression, Covid and the implications of long lockdown and racism/discrimination.
Reports are produced from the inquires
Human Right Act and European Convention are related
Convention does not need to follow the law, but the Human Rights Act closely follows the convention