PGDL STUDY GUIDE
HUMAN RIGHTS &
ADMINISTRATIVE LAW
Understand it. Apply it. Ace it.
Clear notes. Key cases & articles. Exam focused.
Everything you need to succeed.
CONTENTS
01 The Human Rights Act 1998 — Framework 2
02 Absolute & Limited Rights 3
03 Qualified Rights & Proportionality 4
04 Public Order & Protest Rights 5
05 Judicial Review — Procedure & Standing 6
06 Grounds for Review: Illegality 7
07 Irrationality & Procedural Impropriety 8
08 Legitimate Expectation & Remedies 9
★ 30-Second Full Revision 10
You've got this! ♡
, 01 THE HUMAN RIGHTS ACT 1998 — FRAMEWORK
The HRA incorporates the ECHR into domestic law (Articles 2-12, 14, Protocols 1 & 13).
s2 — courts must 'take into account' ECtHR judgments, but aren't bound by them.
s3 — legislation must be read compatibly with Convention rights, 'so far as possible'.
s4 — High Court+ may issue a declaration of incompatibility — doesn't invalidate the Act or bind the parties (political pressure only).
s6 — unlawful for a PUBLIC AUTHORITY (courts included, s6(3)) to act incompatibly with Convention rights — unless statute left it no choice.
s7/s8 — a victim may bring proceedings or rely on a Convention right in any proceedings; damages awarded only if necessary for 'just satisfaction'.
s10 — 'fast-track' remedial order to amend incompatible legislation. s19 — a minister must state a new bill's Convention-compatibility before its 2nd reading.
HORIZONTAL EFFECT & 3-WAY RIGHTS TAXONOMY
Because courts are public authorities, Convention rights can indirectly affect disputes between private parties (e.g. privacy claims against newspapers). Rights split into:
Absolute (no interference ever — Arts 2,3,4,7), Limited (interference only in defined situations — Arts 5,6), Qualified (balance against the public interest — Arts 8-11,
A1P1).
2
HUMAN RIGHTS &
ADMINISTRATIVE LAW
Understand it. Apply it. Ace it.
Clear notes. Key cases & articles. Exam focused.
Everything you need to succeed.
CONTENTS
01 The Human Rights Act 1998 — Framework 2
02 Absolute & Limited Rights 3
03 Qualified Rights & Proportionality 4
04 Public Order & Protest Rights 5
05 Judicial Review — Procedure & Standing 6
06 Grounds for Review: Illegality 7
07 Irrationality & Procedural Impropriety 8
08 Legitimate Expectation & Remedies 9
★ 30-Second Full Revision 10
You've got this! ♡
, 01 THE HUMAN RIGHTS ACT 1998 — FRAMEWORK
The HRA incorporates the ECHR into domestic law (Articles 2-12, 14, Protocols 1 & 13).
s2 — courts must 'take into account' ECtHR judgments, but aren't bound by them.
s3 — legislation must be read compatibly with Convention rights, 'so far as possible'.
s4 — High Court+ may issue a declaration of incompatibility — doesn't invalidate the Act or bind the parties (political pressure only).
s6 — unlawful for a PUBLIC AUTHORITY (courts included, s6(3)) to act incompatibly with Convention rights — unless statute left it no choice.
s7/s8 — a victim may bring proceedings or rely on a Convention right in any proceedings; damages awarded only if necessary for 'just satisfaction'.
s10 — 'fast-track' remedial order to amend incompatible legislation. s19 — a minister must state a new bill's Convention-compatibility before its 2nd reading.
HORIZONTAL EFFECT & 3-WAY RIGHTS TAXONOMY
Because courts are public authorities, Convention rights can indirectly affect disputes between private parties (e.g. privacy claims against newspapers). Rights split into:
Absolute (no interference ever — Arts 2,3,4,7), Limited (interference only in defined situations — Arts 5,6), Qualified (balance against the public interest — Arts 8-11,
A1P1).
2
