Public Law - Human rights sections 19, 3, 4 and 10 revision notes (semester 2)
8 views 0 purchase
Course
Public Law (LAW106)
Institution
The University Of Liverpool (UoL)
Documents containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.
SECTION 6 OF THE HUMAN RIGHTS ACT
6 (1) It is unlawful for a public authority to act in a way which is incompatible with a
Convention right
(2)
... (1) does not apply to an act if—
(a)as the result of one or more provisions of primary legislation, the authority could not
have acted differently; or
(b)in the case of one or more provisions of, or made under, primary legislation which cannot
be read or given effect in a way which is compatible with the Convention rights, the
authority was acting so as to give effect to or enforce those provisions.
HUMAN RIGHTS ACT – SECTION 19
ISSUE: The issue in this scenario is parliament trying to pass legislation which has the
potential to violate human rights so they must declare this violation which engages section
19.
ARTICULATE LEGAL 1)A Minister of the Crown in charge of a Bill in either House of
ISSUE - CONTENTS OF Parliament must, before Second Reading of the Bill—
SECTION 19 (a)make a statement to the effect that in his view the
provisions of the Bill are compatible with the Convention
rights (“a statement of compatibility”); or
(b)make a statement to the effect that although he is unable
to make a statement of compatibility the government
nevertheless wishes the House to proceed with the Bill.
Before either house makes a decision regarding a bill
the government has to either say the bill conforms to
human rights standards or say they are not willing to
say this conforms at this time
EXAMPLE OF SECTION The Communications Bill 2002 (now Communications Act
19 2003) - s 319 (g)
S 319 (g) - That advertising that contravenes the prohibition
on political advertising set out in section 321(2) is not included
in television or radio services
Government was unable to vouch for conformity of
human rights
Government promoted and Parliament passed the
legislation anyway
EXAMPLE OF SECTION The Illegal Migration Bill (currently before Parliament)
19 Government was unable to vouch for conformity of
, Human Rights – Sections 19, 3, 4 and 10
human rights
WHOLE POINT OF The whole point of section 19 is for:
SECTION 19 the law to force the government to confront the
dilemma that they are potentially violating human
rights
existence of section 19 makes parliament
passing a bill with violation of human rights less
likely as they have to pay political price for this,
and it is embarrassing
and this also tells people in parliament and
citizens explicitly what they are going to
support/not support so it keeps parliaments
integrity intact
THEN APPLY TO FACTS OF PROBLEM QUESTION!!!
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller miaalunt. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.86. You're not tied to anything after your purchase.
