‘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

Madzimbamuto v Lardner-Burke [1969] AC 645

Thomas Bonham v College of Physicians (1610) 8 Co Rep 114 (Dr Bonham’s Case)

‘The rules on standing in judicial review cases strike the right balance between access to the courts and not hindering the operation of government’. Discuss with reference to relevant cases.