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Davis: Human Rights Law Directions

Chapter 4

Question 1

Consider the meaning of "so far as it is possible to do so" (see section 4.5 especially 4.5.5 and 6. The best answer is (c).

Question 2

Consider how "public authorities" are identified. (see section 4.6.5 and 4.6.6)
(a) Are the Home Secretary and the Prison Service public authorities? If so are they "standard" or "functional"?
(b) Is Bars R Us a public authority? If so is it "standard" or "functional"? (i.e. is it exercising a public function)
(c) Is something done to enforce an employment contract a "private act"; if so is it subject to Convention rights? If it is not directly subject to Convention rights, is it still the case that (a) the terms of the contract and (b) the legislation dealing with unfair dismissal, should be given effect in a way that is compatible with Convention rights? (See section 4.7)