The role of the domestic courts

Overview

Recall questions on how rights were protected through the common law and statutory interpretation before 2000, and on the courts' role under sections 3, 4, 6 and 8 of the Human Rights Act 1998, declarations of incompatibility and proportionality.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is the legal effect of a declaration of incompatibility on the legislation in question?

   Model answer

   It does not invalidate the legislation but signals to Parliament that amendment is needed.

2. 2

   How does section 6 HRA 1998 affect the accountability of public authorities?

   Model answer

   It makes public authorities directly accountable in domestic courts for acting incompatibly with Convention rights.

3. 3

   Under section 8 of the Human Rights Act 1998, what may a court do where a public authority has acted incompatibly with Convention rights?

   Model answer

   Grant any relief or remedy within its powers that it considers just and appropriate, including damages where necessary to give just satisfaction.

4. 4

   What does the principle of proportionality require when a Convention right is interfered with?

   Model answer

   Any interference with a Convention right must be proportionate to the legitimate aim pursued.

5. 5

   Before the Human Rights Act 1998 came into force in 2000, could individuals directly enforce Convention rights in domestic courts?

   Model answer

   No, individuals could not directly enforce Convention rights in domestic courts before the HRA 1998 came into force.

6. 6

   What was the ultimate remedy available to individuals seeking to enforce Convention rights before 2000?

   Model answer

   Individuals could petition the European Court of Human Rights in Strasbourg as the ultimate remedy.

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