Exam 9: Interpreting Statutes

Why type of legal instrument is the European Convention on Human Rights?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 3.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 9.

Against whom may an action before the ECtHR be brought?

A party must have _______ all domestic remedies before petitioning the ECtHR.

On what basis may an individual use the Human Rights Act 1998 (HRA) to ground a cause of action before a UK court?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 4.

Secondary legislation that is incompatible with Convention rights may, in most instances, be annulled by the normal process of judicial review.

The European Convention on Human Rights was created under the auspices of which body?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 10.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 2.

Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition. -Derogation.

Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition. -Reservation.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 7.

What arguments may be used in favour of a 'restrictive' approach to interpretation under s 3 of the HRA?

The 'textuality principle' is a principle of interpretation used by the EctHR - but what does it mean?

Where a court is considering the effect of legislation passed after the HRA came into force, the dominant judicial approach to declarations of incompatibility indicates that they should be used only where the legislation under consideration shows, expressly or by necessary implication, an intention on the part of Parliament to legislate contrary to the HRA.

Which of the following statements most accurately describes the extent of the UK courts' duty to consider or apply the decisions of the ECtHR?

Where a UK court is confronted by a conflict between a recent ruling of the ECtHR and an inconsistent but binding (under normal principles) UK precedent, which post-dates the passing of the HRA, the UK court should adopt the reasoning of the European Court decision.

Briefly explain, in your own words, the concept of proportionality.