‘The qualified nature of many of the rights protected by the HRA 1998 leaves too much leeway for the executive to interfere with them.’ Discuss.


  • In the UK, human rights are protected by the HRA 1998. The HRA gives effect to the human rights set out in the ECHR.
  • A public authority can sometimes interfere with your rights if it’s in the interest of the wider community or to protect other people’s rights.
  • Qualified rights may need to be balanced against other people’s rights or the rights of the wider community to achieve a fair outcome.
  • A public authority can only interfere with a qualified right if it’s allowed under the law. It must also show that it has a specific reason set out in HRA for interfering with your rights, also called a legitimate aim.
  • HRA says that the interference must be necessary in a democratic society.

Comments

Popular posts from this blog

Sion v Hampstead Health Authority [1994] EWCA Civ 26

3. ‘The defence of ‘Honest Opinion’ under s.3 of The Defamation Act 2013 is not robust enough to protect free speech and rights under Article 10 of the European Convention on Human Rights.’ Discuss.

Summarise and discuss Lord Bingham’s eight ‘sub-rules’ of the Rule of Law.