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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?

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Presentation on theme: "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?"— Presentation transcript:

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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