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    Basically I'm preparing for my exams and i'm writing a practice question titled:

    'How effective is the ECHR/HR Act in protecting the rights of the citizen?'

    I know the stuff...and I'm just rubbish at 'answering the question'...

    Am I correct in referring to Acts like RIPA, the Terrorism Acts and PACE? Is that answering the effectiveness part or not?

    Gah...ANY help would be appreciated...

    Sami2412
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    (Original post by Sami2412)
    Basically I'm preparing for my exams and i'm writing a practice question titled:

    'How effective is the ECHR/HR Act in protecting the rights of the citizen?'

    I know the stuff...and I'm just rubbish at 'answering the question'...

    Am I correct in referring to Acts like RIPA, the Terrorism Acts and PACE? Is that answering the effectiveness part or not?

    Gah...ANY help would be appreciated...

    Sami2412
    The Terrorism Act is probably more relevant than the other two, because of its role in R v A. That said, I'd be inclined to focus on the cases where the HRA has come up. Where does the HRA provide effective protection? Where has it failed to do so? Consider in particular the interaction b/w ss 3 and 4, s 6 on public bodies, and the remedies available. I'd structure your essay around the act, the convention rights scheduled to it, and how the court has handled cases involving convention rights.
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    (Original post by jjarvis)
    The Terrorism Act is probably more relevant than the other two, because of its role in R v A. That said, I'd be inclined to focus on the cases where the HRA has come up. Where does the HRA provide effective protection? Where has it failed to do so? Consider in particular the interaction b/w ss 3 and 4, s 6 on public bodies, and the remedies available. I'd structure your essay around the act, the convention rights scheduled to it, and how the court has handled cases involving convention rights.
    REP+ for you my friend, that's brilliant advice, thankyou so much
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    (Original post by Sami2412)
    REP+ for you my friend, that's brilliant advice, thankyou so much
    You're welcome.
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    (Original post by Sami2412)
    Basically I'm preparing for my exams and i'm writing a practice question titled:

    'How effective is the ECHR/HR Act in protecting the rights of the citizen?'

    I know the stuff...and I'm just rubbish at 'answering the question'...

    Am I correct in referring to Acts like RIPA, the Terrorism Acts and PACE? Is that answering the effectiveness part or not?

    Gah...ANY help would be appreciated...

    Sami2412
    -Compare previous situation: Precarious state of civil liberties: Citizens enjoyed freedom, however nothing prevented Parliament from disregarding them (example Public Order Act)

    -s.3: Previous situtation: No choice for courts then applying provisions of Act of Parliament. Now possibility even to read in words (Ghaidan) A: Case about evidence in rape trials. Words were read into statute to alter radically its meaning. Lord Hope (minority) emphasized that it went to far, crossing the line from interpreting to legislating
    -> RE W and B: More cautious approach, thus scope of s. 3 (1) is still rather unclear

    -s.4 Declaration of Incompatbility: Does not affect validity. Government relied after A still for some time under incompatible legislation However political pressure and possibility to claimant to go to Strasbourg

    s. 6 Problematic: Outsourcing of public functions (Leonard Cheshire Foundation, Yl v Birmingham)

    ECHR: No US Bill of rights -> Qualified. In some cases (Gillan) Convention Rights were watered down in order to avoid conflict with government. Moreover the domestic courts have even succeed in finding exceptions to unqualified rights (Article 6, Austin)
 
 
 

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