Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply) ?
A) The HRA has no impact on the operation of precedent.
B) The HRA s 3 requires the courts not to follow (so far as is possible) any authority on the meaning of a word or provision in an Act that would result in making that provision non-compliant with Convention rights.
C) The HRA s 5 expressly requires the superior courts (the Court of Appeal and the House of Lords) to overrule any precedent that creates a rule of law that is inconsistent with a Convention right.
D) The HRA s 6, by implication, requires courts to achieve consistency in respective of any substantive common law rule, that is, any rule created by precedent.
Correct Answer:
Verified
Q26: Which of the following statements most accurately
Q27: Where a court is considering the effect
Q28: The courts have identified each of the
Q29: What arguments may be used in favour
Q30: What arguments may be used in favour
Q31: The term 'margin of appreciation' refers to
Q32: The 'textuality principle' is a principle of
Q33: The ECtHR may, in accordance with the
Q35: Which of the following statements most accurately
Q36: Where a UK court is confronted by
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents