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THE HUMAN RIGHTS ACT 1998 : 2

THE HUMAN RIGHTS ACT 1998 : 2. s.10 – fast track remedial action. What can trigger a s.10 order? Who can make one? What can the order cover?. THE HUMAN RIGHTS ACT 1998 : 2. S.12 Emphasis on Freedom of Expression Does this promote freedom of the press? What is the effect of s.12(3) HRA

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THE HUMAN RIGHTS ACT 1998 : 2

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  1. THE HUMAN RIGHTS ACT 1998 : 2 s.10 – fast track remedial action. What can trigger a s.10 order? Who can make one? What can the order cover?

  2. THE HUMAN RIGHTS ACT 1998 : 2 • S.12 Emphasis on Freedom of Expression • Does this promote freedom of the press? • What is the effect of s.12(3) HRA • Does this section effectively create a hierarchy of rights?

  3. THE HUMAN RIGHTS ACT 1998 : 2 • S.13 – extra protection for freedom of thought, conscience and religion. • What is the section’s effect? • How will it work? • Does this section place this freedom on a more important footing?

  4. THE HUMAN RIGHTS ACT 1998 : 2 • The issues of Vertical and Horizontal Effect. • Does the Act have horizontal effect ? See Wilson v. First County Trust [2001] EWCA Civ 633 • What are the consequences of horizontal effect?

  5. THE HUMAN RIGHTS ACT 1998 : 2 • Is the HRA 1998 retrospective? • Note the case-law so far and compare with the wording of ss.7, 22(4) HRA. • R v. Lambert [2001] UKHL 37 • R v. Kansal [2001] UKHL 62

  6. THE HUMAN RIGHTS ACT 1998 : 2 • The Effect of the HRA 1998 on Public Law • Rules of Statutory Interpretation • Legislative Supremacy of Parliament • Delegated Legislation

  7. THE HUMAN RIGHTS ACT 1998 : 2 • Separation of Powers • Judicial Review • R v. SSHD ex p Mahmood [2000] EWCA Civ 315 • R v. SSHD ex p Isiko [2000] EWCA Civ 346 • R v. SSHD ex p Daly [2001] UKHL 26

  8. THE HUMAN RIGHTS ACT 1998 : 2 • Judicial Independence • Starrs v. Procurator Fiscal [1999] ScotHC 242 • Reform of Lord Chancellor’s Office • Conclusions. Is the HRA 1998 as good as its publicity?

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