ABSTRACT

This is a question which requires a sound knowledge of ss 3, 4, 10 and 19 of the HRA 1998, of some of the academic criticism generated by those provisions and of some of the key cases. Close analysis of those provisions of the Act, which are in some respects quite technical, is required. This is a question which is highly likely to be set at the present time. Note that the question does not require you to consider the efficacy of the Convention (ECHR) itself or the implications of receiving it into UK law. Also, it deliberately focuses on s 3 and the related provisions; it does not ask you to discuss the definition of a public authority under s 6.