Questions

1. What is the ECHR? How is it linked to the Human Rights Act?
2. Why was the Human Rights Act introduced?
3. What are the two types of case that the UK courts consider under the HRA?
4. Which key principle is carefully preserved by the Act?
5. What is the difference between a declaration of incompatibility and a ministerial statement of compatibility?
6. Explain the judges’ function under section 3 HRA.
7. Do judges have power to overturn Acts of Parliament under the HRA?
8. Who is a ‘victim’ under the Act?
9. What is a hybrid public authority?
10. What is ‘derogation’?

Answers

1. The European Convention on Human Rights 1950 is an international treaty setting out a code of guaranteed rights; under the Convention, the state is answerable for any violation of an individual’s rights. The Human Rights Act incorporates Convention rights into UK law so that almost all Convention rights became domestic rights which can be directly enforced in UK courts.
2. The Human Rights Act allows individuals to bring proceedings in the UK courts where a public authority has acted incompatibly with their rights. The Act requires public authorities to comply with the ECHR.
3. Reviewing whether legislation is human rights-compliant and determining whether a public authority has acted compatibly with an individual’s Convention rights.
4. Parliamentary sovereignty.
5. The High Court, Court of Appeal, or Supreme Court may make a declaration of incompatibility under section 4. A declaration of incompatibility is a statement by the court that a statute is not compatible with a Convention right, but it does not affect the validity of the Act. A ministerial statement of compatibility is made when a Bill reaches second reading; the minister makes a statement that the Bill is (or is not) compatible with Convention rights.
6. To interpret all legislation (primary and secondary) passed before and after the Human Rights Act so far as possible in a way that is compatible with Convention rights.
7. Section 7(1) allows a victim of an unlawful act by a public authority to bring proceedings under the Act but ‘victim’ is not defined. It is a person who is affected by the matter complained of.
8. It is not a core public authority but a body which exercises both public and private functions. It is only a public authority under the Human Rights Act when it is exercising a function of a public nature.
9. The temporary suspension by states of their obligations to secure certain rights in time of war or other public emergency threatening the life of the nation (Article 15(1) ECHR). Some rights are non-derogable.