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Protection of the Individual’s Human Rights and Freedoms in the UK

The Human Rights Act 1998 and its impact

  • 3 things to know
  • Component 3

Overview

Recall questions on how the Human Rights Act 1998 incorporated the ECHR, its sections 3, 4, 6, 10 and 19, declarations of incompatibility, and the entrenchment of Convention rights in the devolution settlements of Scotland, Wales and Northern Ireland.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

What did the Human Rights Act 1998 change?

Key term

How does section 3 of the Human Rights Act 1998 affect statutory interpretation, and what happens where a compatible reading is impossible?

Key term

What is the effect of entrenchment on devolved legislatures regarding Convention rights?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What did the Human Rights Act 1998 do regarding the ECHR and UK domestic law?

    Model answer

    It incorporated the ECHR into UK domestic law, allowing individuals to bring human rights claims in UK courts rather than having to go to Strasbourg.

  2. 2

    What does Section 3 of the Human Rights Act 1998 require courts to do when interpreting legislation?

    Model answer

    Interpret legislation in a way compatible with Convention rights, so far as it is possible to do so.

  3. 3

    What does Section 6 of the Human Rights Act 1998 make unlawful?

    Model answer

    For public authorities to act in a way incompatible with Convention rights.

  4. 4

    What must a minister do under Section 19 of the Human Rights Act 1998 before the second reading of a Bill?

    Model answer

    Make a statement of compatibility with Convention rights, or state that they cannot make such a statement but wish to proceed anyway.

  5. 5

    How does Section 3 of the Human Rights Act 1998 affect statutory interpretation?

    Model answer

    It requires courts to interpret legislation, so far as possible, in a way that is compatible with Convention rights.

  6. 6

    What power does Section 4 of the Human Rights Act 1998 grant to higher courts?

    Model answer

    The power to issue a declaration of incompatibility if primary legislation cannot be interpreted compatibly with Convention rights.

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