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The Protection of Human Rights

The Human Rights Act 1998

  • 3 things to know
  • AS Unit 2

Overview

Declaration of incompatibility, remedial order and how the Act preserves parliamentary sovereignty.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Numbers

When did the Human Rights Act come into force?

Key term

What does section 2 of the Human Rights Act require of the courts?

Key term

What does section 3 of the Human Rights Act require?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What was the purpose of the Human Rights Act 1998?

    Model answer

    Its purpose was to let people enforce Convention rights in the UK's own courts instead of having to take a case to Strasbourg.

  2. 2

    When did the Human Rights Act come into force?

    Model answer

    It came into force in October 2000.

  3. 3

    What does section 2 of the Act require of the courts?

    Model answer

    Courts must take account of the judgments of the Strasbourg court, though they are not strictly bound to follow them.

  4. 4

    What does section 3 of the Act require?

    Model answer

    So far as it is possible to do so, legislation must be read and given effect in a way compatible with the Convention rights.

  5. 5

    What is a declaration of incompatibility?

    Model answer

    It is a formal statement by a higher court that a provision of legislation cannot be read compatibly with the Convention rights.

  6. 6

    What is the legal effect of a declaration of incompatibility?

    Model answer

    It has none on the validity of the legislation, which remains in force and binding, and it does not decide the case in the claimant's favour.

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