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