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Which of the Following Statements Accurately Reflect the Impact of the HRA

Question 35

Multiple Choice

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply) ?


A) The HRA has no impact on the operation of precedent.
B) The HRA s 3 requires the courts not to follow (so far as is possible) any authority on the meaning of a word or provision in an Act that would result in making that provision non-compliant with Convention rights.
C) The HRA s 5 expressly requires the superior courts (the Court of Appeal and the House of Lords) to overrule any precedent that creates a rule of law that is inconsistent with a Convention right.
D) The HRA s 6, by implication, requires courts to achieve consistency in respective of any substantive common law rule, that is, any rule created by precedent.

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