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THE HUMAN RIGHTS ACT 1998 : 1

THE HUMAN RIGHTS ACT 1998 : 1. Introduction Background to the enactment of the Human Rights Act 1998. (HRA) The ‘Bill of Rights Debate.’ Problem of Article 13 ECHR – Lustig-Prean v. United Kingdom judgment of 27/09/199. THE HUMAN RIGHTS ACT 1998 : 1.

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THE HUMAN RIGHTS ACT 1998 : 1

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  1. THE HUMAN RIGHTS ACT 1998 : 1 Introduction Background to the enactment of the Human Rights Act 1998. (HRA) The ‘Bill of Rights Debate.’ Problem of Article 13 ECHR – Lustig-Prean v. United Kingdom judgment of 27/09/199.

  2. THE HUMAN RIGHTS ACT 1998 : 1 • Limits to use of European Convention in English Courts prior to HRA. • Brind [1991] 1 AC 696 • A/G v. Guardian Newspapers [1987] 1 WLR 1248 • Derbyshire CC v. Times Newspapers [1992] QB 770

  3. THE HUMAN RIGHTS ACT 1998 : 1 • Labour Party Manifesto – 1997 election. • Rights Brought Home Cm.3782 – October 1997 • Perceived Issues • Human Rights Act 1998 – Royal Assent 09/11/1998. Came into force fully 02/10/2000.

  4. THE HUMAN RIGHTS ACT 1998 : 1 • S.2 HRA • DUTY to take European Convention jurisprudence into account, where relevant. • What if a court fails in this duty? – R v. Secretary of State for the Home Department ex p Amin [2003] UKHL 51

  5. THE HUMAN RIGHTS ACT 1998 : 1 • S.3 Interpretative Obligation Fitzpatrick v. Sterling Housing Association [1999] 3 WLR 113 Mendoza v Ghaidan [2002] EWCA Civ 1533 Mendoza v. Ghaidan [2004] UKHL 30

  6. THE HUMAN RIGHTS ACT 1998 : 1 • S.4 The ‘Declaration of Incompatibility.’ • Triggers • R (on the application of Anderson) v S of S for the Home Department [2002] UKHL 46 • What is the effect of a Declaration of Incompatibility? See s.4(6) HRA 1998.

  7. THE HUMAN RIGHTS ACT 1998 : 1 • S.6 Duty of ‘Public Authorities.’ • Who might be covered. • Who is exempt? • Is the duty absolute? -- Wilkinson v IRC [2003] EWCA Civ 814

  8. THE HUMAN RIGHTS ACT 1998 : 1 • S.7 Proceedings • How is a remedy obtained? • What can a Court award? • Is Article 13 ECHR now satisfied?

  9. THE HUMAN RIGHTS ACT 1998 : 1 • S.8 Damages • How will they be assessed? • Will they be adequate?/

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