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.

Slides:

Advertisements

Similar presentations

Lesson Objectives: I will be able to explain the doctrine of parliamentary supremacy I will be able to consider limitations on the doctrine of parliamentary.

Advertisements

DISCRIMINATION AND WELFARE BENEFITS Tim Buley, Landmark Chambers.

The Human Rights Act 1998 Applicability to UK Armed Forces Overseas: a conflict of Jurisdictions?

 The Rome Regulations can be seen as a single set of uniform rules which apply directly to European Member States and replace their domestic law.  The.

Adrian Newborough Fosters Solicitors William House, 19 Bank Plain, Norwich, Norfolk, NR2 4FS A LEGAL UPDATE ON THE DEREGULATION ACT 2015 OR PUT ANOTHER.

The UK Freedom of Information Act – A Practical Guide for Academic Researchers Cambridge Wednesday, 16 February 2011.

Confidentiality Professional obligation – moral duty Hippocratic oath

Interpreting Human Rights in New Zealand and the UK: Expansive but Narrow, Narrow but Expansive Kris Gledhill Director, NZ Centre for Human Rights Law,

Parliamentary Supremacy

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Accession to Europe – European Communities Act 1972 Key Date – 1 st January S.2(4) European Communities Act.

The European Convention on Human Rights Please turn off your mobile Raise your hand if you have a question At the start of the lesson - STUDENTS SHOULD.

The Law of the European Union Information and Communication.

Parliamentary Law Making

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?

Equality and Human Rights Commission. Overview of the Morning EHRC – What we do Human Rights Inquiry Making sense of Human Rights Table sessions.

Impact of the Human Rights Act in the UK Rabinder Singh QC.

The Human Rights Act 1998 Mechanism Sections 1 and 2 of the HRA 1998.

THE HUMAN RIGHTS ACT AND THE UK POLICE SERVICE Click on slide-show icon When completed exit PowerPoint programme to return to the CD- ROM content.

United Kingdom Supreme Court Parliamentary Sovereignty Brief Background Responsibilities.

Introduction i.Brief overview of relevant provisions of ECHR Act 2003 & ECHR; ii.Past Housing Cases; iii.Issues encountered by the Centre which could utilise.

The impact of the judgments in Teixeira & Ibrahim Matthew Moriarty The AIRE Centre Brussels, 9 th July

Judicial Review 1 Introduction and Scope of Lectures

Human Rights Act 1998 The European convention on human rights The European convention on human rights The Convention rights The Convention rights How does.

Stephen Gilmore King’s College London 7 September 2013.

Judgments Sharon Turner & John Knowles Why are judgments important? I. Central feature of common law jurisdictions II. Central focus of legal study –

Identifying Human Rights The protections offered by the ECHR and the Human Rights Act 1998 Brayne & Carr: Law for Social Workers: 10e Chapter 3.

“FIGHTING FOR YOUR RIGHTS – THE CASE FOR THE HUMAN RIGHTS ACT” Amnesty International, Eastern Region Annual Conference Norwich Saturday 27 th March 2015.

Acts, Cases & the Library Catalogue Bodleian Law Library 4 & 5 August 2009.

Civics Created by Mrs. Force. Topics: Voting & Elections Roots of American Democracy Civics & Citizenship Constitution & Amendments Responsibilities &

‘Declarations of Incompatibility under the ECHR Act 2003: A Workable Transplant?’ Professor Fiona de Londras UCD, 29 June 2013

Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998.

The Human Rights Act Mechanism

HEALTH AND HUMAN RIGHTS. NIHRC The role of the Commission To keep law and practice under review Advise government on the protection of human rights Advise.

SOCIAL SERVICES JURISDICTIONAL AND ELIGIBILITY DISPUTES IN 2008 Bryan McGuire.

Jurisprudence Prepared by: Aphrodite Smagadi Mariah Kennedy.

Parliamentary Supremacy/Sovereignty. What is Parliamentary Supremacy (sovereignty)? Established in Bill of Rights 1689 Explained by Dicey (1885) – as.

The Human Rights Act 1998 Mechanism Section 3. Section 3 of the HRA 1998 The content and meaning of section 3 The limits to section 3 Case Law Interplay.

Data protection and compliance in context 19 November 2007 Stewart Room Partner.

OFFICIAL – SENSITIVE English Language Requirement for Public Sector Workers Draft Code of Practice Consultation.

Human Rights in 2015: Challenges and Opportunities 14 March 2015 Justice Student Human Rights Network Annual Conference Angela Patrick Director of Human.

FOI in Central Government – where we have come from and where we are going Jane Sigley Head of FOI Policy & Strategy Information Directorate Building our.

EUROPEAN CONVENTION ON HUMAN RIGHTS Regional protection of human rights.

3 STUDENT ASSESSMENT DEPARTMENT

Is it really all about Cats? Immigration, Asylum and the HRA 1998 Jean-Benoit Louveaux Head of Administrative Justice

Rights in the Community Public Law and the Human Rights Act JUSTICE Student Network Conference March 2016 Angela Patrick, Director of Human Rights.

Whistleblowing: A Human Right under Threat? Catherine Hobby University of East London IER Conference: Human Rights vs Bill of Rights: What’s in it for.

Law LA1: Human Rights European Convention on Human Rights & the Human Rights Act 1998 Unit 1 AS.

Judicial Review and the Impact of Europe Lower 6 Politics.

History.... Right up until 1998 the UK did not have a bill of rights giving its citizens rights to certain basic freedoms. However, as early as 1950 the.

MA Journalism Law & Institutions Whistleblowers and the Protection of Sources Lincoln School of English and Journalism.

31/10/2012.  A collection of rules governing a country which  Defines the composition and powers of the organs of state.  Regulates the relationships.

The Human Rights Act. Stephen Lawrence Lesson Objectives To describe what a right is. To identify the main contents of the Human Rights Act, To.

Britain’s uncodified constitution (2)

Introduction to Human Rights Law – Part 2

Human Rights in Complaints Handling and Inquiries: Perspectives from the Equality and Human Rights Commission Jonathan Timbers – Policy Manager, Equality.

The rules and theory of human rights law Human Rights Act 1998

Objectives Explain and apply the main provisions of the Human Rights Act 1998 and relevant cases, with particular reference to sections 2,3,4,6,7 and.

Sources of Law: Statutes and Delegated Legislation

The Legislative Process in Wales and the UK

ARTICLE 2 and INQUESTS ALBA: 22 June 2017

The debate relating to the protection of human rights in the UK The need for a United Kingdom Bill of Rights.

Parliamentary and European Law Making

English for the Legal Profession II

The Rule of Law and the Human Rights Act

Britain’s uncodified constitution

Function of the International Court of Justice (ICJ):

Graham Faulkner Branch Director, EweMove Dorking

Procedural and Judicial protection

FLORIDA LEGISLATIVE HISTORY RESEARCH

Presentation transcript:

THE HUMAN RIGHTS ACT 1998 : 1 Introduction Background to the enactment of the Human Rights Act (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 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

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.

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

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

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.

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

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?

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