Tutorial 8 – Protectoo oo Humao Rights
s.19 – scrutoy oo proposed legislatoo
HRA 1998, s.19 – “Statemeots oo Compatiility”
- Minister in charge of a Bill, before the 2nd reading, must make a writen statement
about whether the Bill is compatble with connenton rights s if not that he wishes to
proceed anyway.
- Courts hane capacity to rule it is incompatble enen if minister regards it as
compatble
R (Animal Defenders) n Culture Secretary
- Communicatons Act 2003 - bans politcal and industrial dispute related adnerts. Thhe
Broadcastng Adnertsing Clearance Centre refused to let an adnert by Animal
Defenders Internatonal show -> deemed to fall within the prohibiton on politcal
adnertsing.
- Thhey said this breached their ECHR artcle 10 right to freedom of expression.
- Held: was not incompatble with the European Connenton on Human Rights 1950
Art.10
- Lord Bingham -only issue was whether the restricton was necessary in a democratc
society
o duty of broadcasters to achieve this object in an impartaa ay by presentnn
baaanced pronrammes in hich aaa aa fua vie s may be ventaated. It is not achieved
if poaitcaa partes can, in proporton to their resources, buy unaimited opportunites
to advertse in the most efectve media, so that eaectons become aitae more than an
aucton.
o right to free expression may properly be designed to protect must, in my
judgment, include a right to be protected against the potental mischief of partal
politcal advertsing.
Huot, The Impact of the Human Rights Act on the Legislature
- Hunt rebuts the argument HRA was serned to diminish Parliament’s role in
adnocatng for human rights and transferring such powers to a judicial functon
o argues Parliament has actually begun to fnd its noice on human rights issues
and the HRA sernes to empower Parliament to scrutnise the human rights
impact of Gonernment Bills
o false dichotomy between rights being protected by the courts ns protected
by Parl -> best protected by Parliament and the courts playing
complementary roles. Parliament should not be viewed as an alternatve to
judicial involvement
- HRA limits power of the court to reniew legislaton for human rights impact
o s.3’s interpretne powers exist “so far as it is possible to do so”, but a
declaraton of incompatbility -> Parliament to decide what to do.
s.19 – scrutoy oo proposed legislatoo
HRA 1998, s.19 – “Statemeots oo Compatiility”
- Minister in charge of a Bill, before the 2nd reading, must make a writen statement
about whether the Bill is compatble with connenton rights s if not that he wishes to
proceed anyway.
- Courts hane capacity to rule it is incompatble enen if minister regards it as
compatble
R (Animal Defenders) n Culture Secretary
- Communicatons Act 2003 - bans politcal and industrial dispute related adnerts. Thhe
Broadcastng Adnertsing Clearance Centre refused to let an adnert by Animal
Defenders Internatonal show -> deemed to fall within the prohibiton on politcal
adnertsing.
- Thhey said this breached their ECHR artcle 10 right to freedom of expression.
- Held: was not incompatble with the European Connenton on Human Rights 1950
Art.10
- Lord Bingham -only issue was whether the restricton was necessary in a democratc
society
o duty of broadcasters to achieve this object in an impartaa ay by presentnn
baaanced pronrammes in hich aaa aa fua vie s may be ventaated. It is not achieved
if poaitcaa partes can, in proporton to their resources, buy unaimited opportunites
to advertse in the most efectve media, so that eaectons become aitae more than an
aucton.
o right to free expression may properly be designed to protect must, in my
judgment, include a right to be protected against the potental mischief of partal
politcal advertsing.
Huot, The Impact of the Human Rights Act on the Legislature
- Hunt rebuts the argument HRA was serned to diminish Parliament’s role in
adnocatng for human rights and transferring such powers to a judicial functon
o argues Parliament has actually begun to fnd its noice on human rights issues
and the HRA sernes to empower Parliament to scrutnise the human rights
impact of Gonernment Bills
o false dichotomy between rights being protected by the courts ns protected
by Parl -> best protected by Parliament and the courts playing
complementary roles. Parliament should not be viewed as an alternatve to
judicial involvement
- HRA limits power of the court to reniew legislaton for human rights impact
o s.3’s interpretne powers exist “so far as it is possible to do so”, but a
declaraton of incompatbility -> Parliament to decide what to do.
