Foster: Q&A Human Rights and Civil Liberties
|
|
- Holly Fox
- 5 years ago
- Views:
Transcription
1 Chapter 4 HRA Question 1 To what extent did English law recognize human rights and civil liberties before the passing of the Human Rights Act 1998? Why was this traditional method regarded as unsatisfactory and how did the 1998 Act address any deficiencies of the traditional system? This question asks you to consider the manner in which human rights and civil liberties were recognized and protected before the Human Rights Act, and whether this system was satisfactory. It then asks you to consider how the 1998 Act made good any deficiencies of that system. It is a popular myth that there existed no human rights and civil liberties law before the passing of the Human Rights Act and that all violations had to be taken before the European Court and Commission of Human Rights. In fact before the 1998 Act there existed a relatively sophisticated and effective system of rights protection through both statute and judicial protection much of which has survived the Act. This question asks you to consider the various ways in which rights and liberties were upheld in the pre-act era but, equally importantly, it asks you to identify the shortcomings of a system that had no charter of rights and no special or entrenched human rights law. In order to assess the efficacy of the traditional system you will need to consider the cases brought before the European Convention machinery against the United Kingdom as well as the general calls for reform before the passing of the 1998 Act. This should highlight the deficiencies of the old system, including the gaps filled by the 1998 Act itself. The answer should include: The position of residual civil liberties under the traditional common law method; the advantage and efficacy of that method; the drawbacks of that system; The United Kingdom s record before the European Court of Human Rights vis-à-vis such deficiencies
2 Question 2 By the use of case law, critically assess the extent to which the domestic courts have used the Human Rights Act 1998 to enhance the protection of human rights in domestic law This question calls for an examination of the post-human Rights Act case law in order to assess the effectiveness of the Act in providing effective redress for infringements of human rights. As the question asks you to assess the extent to which human rights protection has been enhanced, you will need to have some knowledge of the traditional common law system of rights protection. Further, as the question asks for a critical assessment, you should not simply explain the post-act cases, but should consider whether the courts have made full use of the Act and their new powers, indicating where they have, and where they have failed to do so. Note the question does not call for a criticism of the Act itself and any criticisms must be of the manner in which the courts have used the powers bestowed on them by the Act. The student should begin by giving a general account of the main aims and provisions of the Act in particular that the Act is to give effect to the rights and principles in the European Convention and its case law and to give individuals human rights rather than residual civil liberties and an explanation of the increased powers of the courts in this respect. At this point a brief explanation of the deficiencies of the traditional system can be offered. The answer can then examine specific issues such as the individual s right to bring actions against public authorities, the courts power to employ concepts of necessity and proportionality and their power to use Convention case law, their increased powers of interpretation, the power to issue declarations of incompatibility, the award of just satisfaction, the restrictive approach to retrospective effect of the Act, and the potential horizontal effect of the Act. Each of these headings can be illustrated by reference to case law, which should be examined in a critical way to assess whether the courts are truly enhancing the protection of human rights in the post-act era. The student can then move on to a conclusion as to whether, and to what extent, the courts have used their powers in a manner that has effectively enhanced the protection of human rights in domestic law. This conclusion can also consider whether previous disadvantages and deficiencies of the traditional system have been addressed and rectified. The answer should include: a general overview of the basic aims and provisions of the Human Rights Act 1998 and consideration of the court s new powers under the Act; an explanation of how European Convention principles have been given effect in domestic law and examination of relevant case law to see how the domestic courts have applied Convention principles and case law; a critical analysis of whether the
3 courts have fully utilized their powers under the Act; and an analysis of the extent to which domestic human rights protection has been enhanced by the Act
4 Question 3 Why was the Human Rights Act 1998 passed and why has it caused so much controversy? The question requires you to consider the passing of the Act and the legal and constitutional dilemmas and controversies caused by its passing and operation. Your answer should include the following observations. The Act was passed to give further effect to the rights contained in the Convention, above. This means that individuals can plead such rights in domestic legal proceedings and rely on the principles and case law of the Convention and the European Court when trying to vindicate their rights. Although this will enhance individual rights in domestic law, the primary purpose was to ensure that domestic law, and court decisions, became consistent with Convention law, thus reducing the chance that individuals would take their case to the Strasbourg Court and highlight any deficiencies of our system. This had occurred in many cases involving matters such as prisoners rights, freedom of expression and individual privacy. This involved bestowing new powers on our domestic courts to interpret and apply domestic law compatibly with Convention law. For example the courts could use the European doctrine of proportionality to ensure that the law and administrative decisions struck an appropriate balance between human rights and other rights and interests. This is controversial in the sense that the courts may be accused of involving themselves in policy and the merits of the law, thus breaching their traditional constitutional role of declaring the law and showing respect to the wishes of democratically elected Parliament and politically accountable public bodies. Equally, the courts may now declare legislation incompatible with Convention rights. Although this does not strike down clear Parliamentary law, it can be argued that this power, together with their new interpretation powers, unreasonably challenges parliamentary sovereignty. Decisions on matters such as detention without trial and the legality of criminal proceedings have highlighted these controversies. In addition, following the coming into force of the Act the courts have developed the law of privacy, which, it is argued, unreasonably affects freedom of the press and the public right to know.
5 Question 4 Why does the present government feel that the European Court has become too powerful and that it, and the Human Rights Act, is in need of reform? This question asks you to comment on the recent proposals for reform of the ECHR and the HRA. It should include the following points. The main controversy stems from the government s belief that the Court is prepared to interfere too readily with domestic application of Convention rights, including, on occasions, disagreeing with the domestic courts interpretation and application of those rights. For example, the government is angry that the European Court has overruled the domestic courts on questions such as prisoner voting and the admissibility of torture evidence abroad. It is believed that in those cases the European Court should respect the decisions of the domestic courts on the application of human rights principles to domestic law, particularly as the domestic courts have applied Convention principles in the first place. More generally the government feels that the Court has become a powerful and supreme appeal court, which was not the intention of the drafters of the Convention, who would have assumed that the Court would only rule on a limited number of serious human rights violations. This it tied in with the doctrine of the margin of appreciation where the European Court should give to the domestic authorities an element of discretion when deciding whether domestic laws and their application are consistent with Convention rights. As the Human Rights Act allows our courts to use Convention principles and case law, there is also concern that the domestic courts are now paying too much attention to European principles, rather than applying clear and specific domestic law in line with more acceptable judicial boundaries that will pay respect to Parliament, accountable government and the right of victims of crime.
6 Question 5 What plans are there for reform of both the European Convention and Court, and the Human Rights Act 1998? The question asks you to consider the possible reforms to the HRA and the European Convention and Court. It should consider the following points. The recent Brighton Declaration advocated that the Court s case law be managed more effectively so that it does not deal with cases that have already been determined by the domestic courts and that the Court recognises that it and Convention is subsidiary to domestic law. These views, shared by a number of member states, would see the reduction of the European Court s case load and powers, leaving domestic law and the domestic courts to achieve the necessary balance between human rights and other public and private interests. In addition, the last two governments have called for the repeal or amendment of the Human Rights Act and its replacement by a British Bill of Rights. These proposals exist side by side with calls for reform of the Court, above, although they also advocated the restatement of rights which would uphold British values of justice and freedom. In addition both governments were concerned that human rights should carry with them responsibilities, suggesting that certain rights should be surrendered when the individual has not acted in an appropriate way. Committees and Commissions set up to look into the establishment of a Bill of Rights have warned government that such proposals would not satisfy international law or its obligations under the Convention. However they have advocated the introduction of additional rights other than the existing minimum Convention rights; and the most recent Commission have accepted that a Bill of Rights is desirable at least in principle if it could enshrine domestic principles of justice and liberty to add to the existing regime.
PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS. The Human Rights Act 1998 and the Criminal Justice System
PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS Chapter 2: The Human Rights Act 1998 and the Criminal Justice System Outline 2.1 Introduction 2.2 The European Convention on Human Rights the essential background
More informationhe Impact of the HRA on Public Law
he Impact of the HRA on Public Law What is public law? Law governing relationship between individual and the state Historically, the law relating to judicial review of administrative decisions Post HRA,
More informationResponse to Ministry of Justice Green Paper: Rights and Responsibilities: developing our constitutional framework February 2010
Response to Ministry of Justice Green Paper: Rights and Responsibilities: developing our constitutional framework February 2010 For further information contact Qudsi Rasheed, Legal Officer (Human Rights)
More informationProtecting Human Rights in the UK : is there a Case for Change? By Kirsty Wright
Protecting Human Rights in the UK : is there a Case for Change? By Kirsty Wright This dissemination document relating to the title Protecting Human Rights in the UK : is there a Case for Change? will be
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
4.11.2016 L 297/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/1919 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings
More informationEuropean Union (Withdrawal) Bill House of Commons Report stage. Tuesday 16 January 2018
European Union (Withdrawal) Bill House of Commons Report stage Tuesday 16 January 2018 This briefing supports: New Clause 15 non regression of equality law; New Clause 16 right to equality; Amendments
More informationTHE EU CHARTER OF FUNDAMENTAL RIGHTS; AN INDISPENSABLE INSTRUMENT IN THE FIELD OF ASYLUM
THE EU CHARTER OF FUNDAMENTAL RIGHTS; AN INDISPENSABLE INSTRUMENT IN THE FIELD OF ASYLUM January 2017 INTRODUCTION The Charter of Fundamental Rights of the EU was first drawn up in 1999-2000 with the original
More informationB. The transfer of personal information to states with equivalent protection of fundamental rights
Contribution to the European Commission's consultation on a possible EU-US international agreement on personal data protection and information sharing for law enforcement purposes Summary 1. The transfer
More informationOPINION. Relevant provisions of the Draft Bill
OPINION 1. I have been asked to advise as to whether sections 12-15 (and relevant related sections) of the Draft Constitutional Renewal Bill are constitutional, such that they are compatible with the UK
More informationThursday May 10th 2018 Unite House, 55/56 Middle Abbey Street, Dublin 1 Thursday May 10th 2018 Unite House, 55/56 Middle Abbey Street, Dublin 1
Patricia King Patricia General King Secretary GENERAL Irish Congress SECRETARY of Trade Unions IRISH CONGRESS OF TRADE UNIONS Thursday May 10th 2018 Unite House, 55/56 Middle Abbey Street, Dublin 1 Thursday
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
11.3.2016 L 65/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/343 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence
More informationEU (Withdrawal) Bill- Committee stage
EU (Withdrawal) Bill- Committee stage The Law Society represents, promotes, and supports solicitors, publicising their unique role in providing legal advice, ensuring justice for all and upholding the
More informationDouwe Korff Professor of International Law London Metropolitan University, London (UK)
NOTE on EUROPEAN & INTERNATIONAL LAW ON TRANS-NATIONAL SURVEILLANCE PREPARED FOR THE CIVIL LIBERTIES COMMITTEE OF THE EUROPEAN PARLIAMENT to assist the Committee in its enquiries into USA and European
More informationB I L L. wishes to enshrine the entitlement of all to the full range of human rights and fundamental freedoms, safeguarded by the rule of law;
Northern Ireland Bill of Rights 1 A B I L L TO Give further effect to rights and freedoms guaranteed under Schedule 1 to the Human Rights Act 1998, to protect and promote other rights arising out of the
More informationPRESS SUMMARY. On appeal from R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin)
27 June 2018 PRESS SUMMARY R (on the application of Conway) (Appellants) v The Secretary of State for Justice (Respondent) and Humanists UK, Not Dead Yet (UK) and Care Not Killing (Interveners) On appeal
More informationA. and Others v. the United Kingdom [GC] /05 Judgment [GC]
Information Note on the Court s case-law No. 116 February 2009 A. and Others v. the United Kingdom [GC] - 3455/05 Judgment 19.2.2009 [GC] Article 5 Article 5-1-f Expulsion Extradition Indefinite detention
More informationNational Assembly for Wales, Equality, Local Government and Communities Committee: Inquiry into Human Rights in Wales (2017)
National Assembly for Wales, Equality, Local Government and Communities Committee: Inquiry into Human Rights in Wales (2017) Submitted by: Dr Simon Hoffman, Associate Professor, Swansea University College
More informationEuropean Court of Human Rights. Questions & Answers
European Court of Human Rights Questions & Answers Questions & Answers What is the European Court of Human Rights? These questions and answers have been prepared by the Registry of the Court. The document
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on the right to interpretation and translation in criminal proceedings
EUROPEAN COMMISSION Brussels, 9.3.2010 COM(2010) 82 final 2010/0050 (COD) C7-0072/10 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the right to interpretation and translation
More informationUK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED]
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED] CONTENTS Section 1 Purpose and effect of this Act PART 1 PURPOSE AND EFFECT OF ACT PART 2 RETENTION OF EXISTING EU LAW
More informationDoctoral Candidate; Teaching and Research Assistant, Department of Public Law, University of Cape Town, South Africa
DM Chirwa Human rights under the Malawian Constitution Juta (2011) 555 pages Esther Gumboh Doctoral Candidate; Teaching and Research Assistant, Department of Public Law, University of Cape Town, South
More informationOverview ECHR
Overview 1959-2016 ECHR This document has been prepared by the Public Relations Unit of the Court, and does not bind the Court. It is intended to provide basic general information about the way the Court
More informationThe Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 GUIDANCE FOR BAIL DECISION-TAKERS AND THEIR ADVISERS. (LAW COM No 269)
The Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 (LAW COM No 269) GUIDANCE FOR BAIL DECISION-TAKERS AND THEIR ADVISERS GUIDANCE FOR BAIL DECISION-TAKERS AND THEIR ADVISERS General principles applicable
More informationCouncil of the European Union Brussels, 22 January 2016 (OR. en)
Council of the European Union Brussels, 22 January 2016 (OR. en) Interinstitutional File: 2013/0407 (COD) 5264/16 INFORMATION NOTE From: To: Subject: General Secretariat of the Council CODEC 33 DROIPEN
More informationThe European Arrest Warrant: One step closer to reform?
QCEA Discussion Paper The European Arrest Warrant: One step closer to reform? Introduction The European Arrest Warrant (EAW) is a system in which one EU Member State can ask another EU Member State to
More informationHuman rights and civil liberties
7.1 Human rights and civil liberties A foundational principle of liberal democracy is that all citizens are equal, and so the protection of fundamental human rights is of critical importance for democratic
More informationSECOND SECTION. CASE OF SORGUÇ v. TURKEY. (Application no /03) JUDGMENT
SECOND SECTION CASE OF SORGUÇ v. TURKEY (Application no. 17089/03) JUDGMENT This version was rectified on 21 January 2010 under Rule 81 of the Rules of Court STRASBOURG 23 June 2009 FINAL 23/09/2009 This
More informationTHE COUNCIL OF EUROPE S CONTRIBUTION
Santiago de Compostela, 4 June 2002 SdC (2002) Concl THE COUNCIL OF EUROPE S CONTRIBUTION TO THE EUROPEAN UNION S ACQUIS SANTIAGO DE COMPOSTELA (GALICIA) - SPAIN 3-4 JUNE 2002 C O N C L U S I O N S www.legal.coe.int/santiago
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
1.5.2014 L 130/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2014/41/EU OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 3 April 2014 regarding the European Investigation Order in criminal matters THE EUROPEAN
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 27.11.2013 COM(2013) 824 final 2013/0409 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on provisional legal aid for suspects or accused persons
More informationChildren and Young People (Information Sharing) (Scotland) Bill. Response to the call for evidence. Alistair Sloan
Children and Young People (Information Sharing) (Scotland) Bill Response to the call for evidence by Alistair Sloan Introduction [1] This is a formal response to the call for evidence by the Education
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, XXX COM(2013) 822/2 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on procedural safeguards for children suspected or accused in criminal proceedings
More informationINTERNATIONAL HUMAN RIGHTS LouvainX online course [Louv2x] - prof. Olivier De Schutter
INTERNATIONAL HUMAN RIGHTS LouvainX online course [Louv2x] - prof. Olivier De Schutter READING MATERIAL related to: section 4, sub-section 1: The duty to protect and waiver of rights European Court of
More informationOverview ECHR
Overview 1959-2017 ECHR This document has been prepared by the Public Relations Unit of the Court, and does not bind the Court. It is intended to provide basic general information about the way the Court
More informationTable of Contents. The Author 3. List of Abbreviations 15. General Introduction 17. Part I. Sources of Constitutional Law 35. Chapter 1.
The Author 3 List of Abbreviations 15 General Introduction 17 1. AN OUTLINE OF SINGAPORE CONSTITUTIONAL HISTORY 17 I. The Straits Settlements Period (1819 1942) 17 II. The Japanese Occupation (1942 1945)
More informationThe Nature and Sources of UK Constitutional Law. Aims of this Chapter. Sample
Chapter 2: The Nature and Sources of UK Constitutional Law Outline 2.1 Introduction 2.2 Parliamentary sovereignty 2.3 Rule of law 2.4 Separation of powers 2.5 Sources of constitutional law 2.6 Summary
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill [AS AMENDED IN COMMITTEE] CONTENTS Repeal of the ECA 1 Repeal of the European Communities Act 1972 Retention of existing EU law 2 Saving for EU-derived domestic legislation
More informationPART 1 THE CONVENTION, RELEVANT AUTHORITIES AND THE OVERARCHING OBJECTIVE
Children s Rights (Scotland) Bill An Act to give further effect in Scotland to the rights and obligations set out in the United Nations Convention on the Rights of the Child. PART 1 THE CONVENTION, RELEVANT
More informationInternational human rights obligations: enforcement, compliance, and effectiveness Adrienne Komanovics University of Pécs, Hungary
International human rights obligations: enforcement, compliance, and effectiveness Adrienne Komanovics University of Pécs, Hungary Komanovics Adrienne, 2014 1 Implementation - compliance Implementation
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Exiting the European Union, are published separately as HL Bill 79 EN. EUROPEAN CONVENTION
More informationUK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS AMENDED AT STAGE 2]
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section 1 Purpose and effect of this Act PART 1 PURPOSE AND EFFECT OF ACT PART 2 RETENTION OF EXISTING
More informationBILL. Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.
A BILL TO Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU. B E IT ENACTED by the Queen s most Excellent Majesty, by
More informationJoint Committee on the Draft Investigatory Powers Bill Information Commissioner s submission
Joint Committee on the Draft Investigatory Powers Bill Information Commissioner s submission Executive Summary: The draft bill is far-reaching with the potential to intrude into the private lives of individuals.
More informationLEGAL STUDIES. Victorian Certificate of Education STUDY DESIGN. Accreditation Period.
Accreditation Period 2018 2022 Victorian Certificate of Education LEGAL STUDIES STUDY DESIGN www.vcaa.vic.edu.au VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY Authorised and published by the Victorian
More informationOral Speaking Notes of Maximillian Schrems
Notes - Check against Delivery FOR THE EXCLUSIVE USE OF THE INTERPRETATION SERVICE OF OF THE COURT OF JUSTICE OF THE EU At the Oral Hearing on 24 th March 2015 in Case C-362/14: MAXIMILLIAN SCHREMS Applicant
More informationAppealing about the police investigation into your complaint
Appealing about the police investigation into your complaint Can I appeal about the outcome of a police investigation into my complaint? Yes, you can appeal if: you have not received enough information
More informationEUROPEAN UNION REFERENDUM BILL ECHR MEMORANDUM FOR THE BILL AS INTRODUCED IN THE HOUSE OF LORDS
EUROPEAN UNION REFERENDUM BILL ECHR MEMORANDUM FOR THE BILL AS INTRODUCED IN THE HOUSE OF LORDS 1. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament
More informationA Guide to Applying to the European Court of Human Rights when fair trial rights have been violated October 2012
A Guide to Applying to the European Court of Human Rights when fair trial rights have been violated October 2012 This Guide is available online at www.fairtrials.net/publications/training/ecthrguide About
More informationTHE DIALOGUE BETWEEN THE EUROPEAN COURT OF HUMAN RIGHTS AND SPAIN S CONSTITUTIONAL COURT: A FRUITFUL RELATIONSHIP
THE DIALOGUE BETWEEN THE EUROPEAN COURT OF HUMAN RIGHTS AND SPAIN S CONSTITUTIONAL COURT: A FRUITFUL RELATIONSHIP Francisco Pérez de los Cobos Orihuel President of Spain s Constitutional Court The importance
More informationRecent Developments in EU Public Law. Scottish Public Law Group Annual Summer Conference 9 June 2014
Recent Developments in EU Public Law Scottish Public Law Group Annual Summer Conference 9 June 2014 Presentation overview 1. Application and Interpretation of the EU Charter of Fundamental Rights When
More informationCouncil of the European Union Brussels, 26 February 2015 (OR. en)
Council of the European Union Brussels, 26 February 2015 (OR. en) Interinstitutional File: 2013/0409 (COD) 6603/15 DROIPEN 20 COPEN 62 CODEC 257 NOTE From: Presidency To: Council No. prev. doc.: 6327/15
More informationStrengthening aspects of the presumption of innocence and the right to be present at trial in criminal proceedings
Briefing Initial Appraisal of a European Commission Impact Assessment Strengthening aspects of the presumption of innocence and the right to be present at trial in criminal proceedings Impact Assessment
More informationSpeech to the Supreme Court of The Netherlands 18 November 2016
Speech to the Supreme Court of The Netherlands 18 November 2016 President Feteris, Members of the Supreme Court, I would like first of all to thank you for the invitation to come and meet with you during
More informationSpeech to the Supreme Court of The Netherlands
Speech to the Supreme Court of The Netherlands Guido Raimondi, President of the European Court of Human Rights 18 November 2016 President Feteris, Members of the Supreme Court, I would like first of all
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EN EN EN EUROPEAN COMMISSION Brussels, 11.4.2011 COM(2011) 175 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the implementation since 2007 of the Council Framework Decision
More informationEvidence to the Joint Committee on Human Rights: Meaning of Public Authority under the Human Rights Act
Evidence to the Joint Committee on Human Rights: Meaning of Public Authority under the Human Rights Act December 2006 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s
More informationSECOND SECTION DECISION
SECOND SECTION DECISION Application no. 54041/14 G.H. against Hungary The European Court of Human Rights (Second Section), sitting on 9 June 2015 as a Chamber composed of: Işıl Karakaş, President, András
More informationPrisoners and Victims Claims (Continuation and Reform) Amendment Bill
Prisoners and Victims Claims (Continuation and Reform) Amendment Bill 3 December 2012 Attorney-General Prisoners and Victims Claims (Continuation and Reform) Amendment Bill (PCO 16948/1.7) Our Ref: ATT395/140
More informationThe Non-Discrimination Standards for Government and the Public Sector. Guidelines on how to apply the standards and who is covered
The Non-Discrimination Standards for Government and the Public Sector Guidelines on how to apply the standards and who is covered March 2002 Table Of Contents INTRODUCTION... 4 WHAT IS THE AIM OF THESE
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION. CASE OF CZARNOWSKI v. POLAND. (Application no.
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION CASE OF CZARNOWSKI v. POLAND (Application no. 28586/03) JUDGMENT This version was
More information1302 nd meeting (December 2017) (DH)
SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES Contact: Clare OVEY Tel: 03 88 41 36 45 DH-DD(2017)1229 Date: 02/11/2017 Documents distributed at the request
More informationStatement on behalf of the Supreme Court of Republic of Slovenia
Seminar on the Charter of Fundamental Rights Statement on behalf of the Supreme Court of Republic of Slovenia A General 1. In how many cases before your court and other administrative courts in your country
More informationFOURTH SECTION. CASE OF BIRŽIETIS v. LITHUANIA. (Application no /09) JUDGMENT STRASBOURG. 14 June 2016
FOURTH SECTION CASE OF BIRŽIETIS v. LITHUANIA (Application no. 49304/09) JUDGMENT STRASBOURG 14 June 2016 This judgment will become final in the circumstances set out in Article 44 2 of the Convention.
More informationAPPENDIX. 1. The Equipment Interference Regime which is relevant to the activities of GCHQ principally derives from the following statutes:
APPENDIX THE EQUIPMENT INTERFERENCE REGIME 1. The Equipment Interference Regime which is relevant to the activities of GCHQ principally derives from the following statutes: (a) (b) (c) (d) the Intelligence
More informationPROTECTING RIGHTS IN PRACTICE: THE HUMAN RIGHTS ACT AND THE COMMON LAW. Nathalie Lieven QC Landmark Chambers
PROTECTING RIGHTS IN PRACTICE: THE HUMAN RIGHTS ACT AND THE COMMON LAW Nathalie Lieven QC Landmark Chambers Does the common law give the same rights and protections as the HRA so we don t need to worry
More informationLegal Aid in the EU: main features of Directive 2016/1919/EU
Legal Aid in the EU: main features of Directive 2016/1919/EU Steven Cras Administrator, Council General Secretariat Co-funded by the Justice Programme of the European Union 2014-2020 Legal Aid Directive
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
21.5.2016 L 132/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/800 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 11 May 2016 on procedural safeguards for children who are suspects or accused persons
More information1 WAITE AND KENNEDY v. GERMANY JUDGMENT CASE OF WAITE AND KENNEDY v. GERMANY. (Application no /94) JUDGMENT STRASBOURG 18 February 1999
1 WAITE AND KENNEDY v. GERMANY JUDGMENT CASE OF WAITE AND KENNEDY v. GERMANY (Application no. 26083/94) JUDGMENT STRASBOURG 18 February 1999 PROCEDURE 1. The case was referred to the Court, as established
More informationFIFTH SECTION. CASE OF RAMISHVILI v. GEORGIA. (Application no /08)
FIFTH SECTION CASE OF RAMISHVILI v. GEORGIA (Application no. 48099/08) JUDGMENT STRASBOURG 31 May 2018 This judgment is final but it may be subject to editorial revision. RAMISHVILI v. GEORGIA JUDGMENT
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill [AS AMENDED ON REPORT] CONTENTS Repeal of the ECA 1 Repeal of the European Communities Act 1972 Retention of existing EU law 2 Saving for EU-derived domestic legislation
More informationGeneral Principles of Administrative Law
General Principles of Administrative Law 4 Legality of Administration Univ.-Prof. Dr. Ulrich Stelkens Chair for Public Law, German and European Administrative Law 4 Legality of Administration Recommendation
More informationHaving deliberated, makes the following findings and recommendations:
OPINION Date of adoption: 26 November 2010 Case No. 02/08 Nexhmedin SPAHIU against UNMIK The Human Rights Advisory Panel sitting on 26 November 2010 with the following members present: Mr Marek NOWICKI,
More informationWelcome and key note address
EUROPEAN COMMISSION Mr Francisco Fonseca Morillo Deputy Director-General for Justice and Consumers Welcome and key note address Ensuring cross-border justice for all in the EU: sharing practices and experiences
More informationOPINION OF THE EUROPOL, EUROJUST, SCHENGEN AND CUSTOMS JOINT SUPERVISORY AUTHORITIES
OPINION OF THE EUROPOL, EUROJUST, SCHENGEN AND CUSTOMS JOINT SUPERVISORY AUTHORITIES presented to the HOUSE OF LORDS SELECT COMMITTEE ON THE EUROPEAN UNION SUB-COMMITTEE F for their inquiry into EU counter-terrorism
More informationBREXIT POTENTIAL ISSUES FOR PUBLIC AND PRIVATE LAW LITIGATION IN NORTHERN IRELAND. or How to Survive Without EU Law As We Know It
BREXIT POTENTIAL ISSUES FOR PUBLIC AND PRIVATE LAW LITIGATION IN NORTHERN IRELAND or How to Survive Without EU Law As We Know It Law Society of Northern Ireland and Irish Centre for European Law Belfast,
More informationHorizontal Application of EU-Fundamental Rights. Prof. Dr. Bernd Waas
Horizontal Application of EU-Fundamental Rights Outline I. German constitutional law 1. Horizontal effect of fundamental rights 2. Fundamental rights and judge-made law II. EU-Fundamental Rights 1. Dogmatic
More informationCONFERENCE ON INTERNATIONAL EXPERIENCE ON INTRODUCING CONSTITUTIONAL AMENDMENTS AND ON CONSTITUTIONAL REVISION. Bishkek, Kyrgyzstan 28 April 2015
Strasbourg, 2 February 2016 CDL-JU(2016)001 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) CONFERENCE ON INTERNATIONAL EXPERIENCE ON INTRODUCING CONSTITUTIONAL AMENDMENTS
More informationThe European Court of Human Rights And National Courts: A Constructive Conversation or A Dialogue of Disrespect?
The Torkel Opsahl Memorial Lecture 2014 Norwegian Center for Human Rights, Domus Media Vest, Friday 28 November 2014 The European Court of Human Rights And National Courts: A Constructive Conversation
More informationINTERNATIONAL HUMAN RIGHTS LouvainX online course [Louv2x] - prof. Olivier De Schutter
INTERNATIONAL HUMAN RIGHTS LouvainX online course [Louv2x] - prof. Olivier De Schutter READING MATERIAL Related to: section 1, sub-section 3, unit 2: Jus cogens status of human rights norms (ex. 3) Example
More informationCivil Liberties Law: The Human Rights Act Era
Civil Liberties Law: The Human Rights Act Era Noel Whitty Law Department, Keek University Therese Murphy School of Law, University of Nottingham Stephen Livingstone School of Law, Queen's University, Belfast
More informationEuropean Union (Withdrawal) BillAct 2018
European Union (Withdrawal) BillAct 2018 CHAPTER 16 EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Exiting the European Union, are published separately as Bill 5 EN. EUROPEAN
More informationPRINCIPLE OF SUBSIDIARITY. Note by the Jurisconsult
08/07/2010 INTERLAKEN FOLLOW-UP PRINCIPLE OF SUBSIDIARITY Note by the Jurisconsult 1. In the Interlaken Declaration of 19 February 2010 the High Level Conference on the future of the European Court of
More informationRESPONSE BY JOINT COUNCIL FOR THE WELFARE OF IMMIGRANTS TO THE COMMISSION ON A BILL OF RIGHTS DISCUSSION PAPER: DO WE NEED A UK BILL OF RIGHTS?
RESPONSE BY JOINT COUNCIL FOR THE WELFARE OF IMMIGRANTS TO THE COMMISSION ON A BILL OF RIGHTS DISCUSSION PAPER: DO WE NEED A UK BILL OF RIGHTS? Joint Council for the Welfare of Immigrants ( JCWI ) is an
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIRST SECTION. CASE OF CORDOVA v. ITALY (No. 2) (Application no.
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIRST SECTION CASE OF CORDOVA v. ITALY (No. 2) (Application no. 45649/99) JUDGMENT [Extracts]
More information1.2 Distinguish between common law and equity. 1.3 Distinguish between civil law and criminal law
Tech Level Unit 1 Title: Level: Level 3 Credit Value: 10 INTRODUCTION TO LAW AND THE LEGAL SYSTEM IN ENGLAND AND WALES Guided Learning Hours 60 Learning outcomes Assessment criteria Knowledge, understanding
More information2. So to start I turn to increasing judicialisation. Increasing judicialisation
GOVERNMENT LEGAL DEPARTMENT - INTERNATIONAL CONFERENCE INTERNATIONAL AND EUROPEAN LAW: A VIEW FROM THE BENCH KEYNOTE SPEECH OF LADY JUSTICE ARDEN 15 OCTOBER 2015 1. There are two themes that I want to
More informationJustice Committee Post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012
Justice Committee Post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012 Written submission from the Scottish Human Rights Commission The Scottish Human Rights Commission was established
More informationThe Mental Health of Children and Young People in Northern Ireland
The Mental Health of Children and Young People in Northern Ireland In Northern Ireland over 20% of children under 18 years of age suffer significant mental health problems 2012/13 7.9% of the mental health
More informationTHIRD SECTION. CASE OF KOVÁČIK v. SLOVAKIA. (Application no /06) JUDGMENT
THIRD SECTION CASE OF KOVÁČIK v. SLOVAKIA (Application no. 50903/06) JUDGMENT This version was rectified on 1 December 2011 under Rule 81 of the Rules of Court STRASBOURG 29 November 2011 FINAL 29/02/2012
More informationSUBMISSION TO THE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS INQUIRY INTO THE HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL
SUBMISSION TO THE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS INQUIRY INTO THE HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL The Refugee Council of Australia (RCOA) is the national umbrella body
More informationCommittee on Civil Liberties, Justice and Home Affairs. on the situation of fundamental rights in the European Union ( ) (2014/2254(INI))
EUROPEAN PARLIAMT 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2014/2254(INI) 6.3.2015 DRAFT REPORT on the situation of fundamental rights in the European Union (2013-2014) (2014/2254(INI))
More informationIN THE SUPREME COURT OF THE UNITED KINGDOM UKSC 2012/
IN THE SUPREME COURT OF THE UNITED KINGDOM UKSC 2012/2072-2075 ON APPEAL FROM HER MAJESTY S COURT OF APPEAL (CIVIL DIVISION) (ENGLAND) B E T W E E N : - THE QUEEN on the application of EM (ERITREA) and
More informationPARLIAMENTARY PROCEDURE
PARLIAMENTARY PROCEDURE RULES FOR CONDUCTING A MEETING ORIGINATED IN ENGLISH PARLIAMENT DEFINED IN ROBERT S RULES OF ORDER Why Parliamentary Procedure? To provide order in the meeting place. To uphold
More informationCommittee on Civil Liberties, Justice and Home Affairs. on the Situation of fundamental rights in the European Union ( ) (2011/2069(INI))
EUROPEAN PARLIAMT 2009-2014 Committee on Civil Liberties, Justice and Home Affairs 11.7.2012 2011/2069(INI) DRAFT REPORT on the Situation of fundamental rights in the European Union (2010-2011) (2011/2069(INI))
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIFTH SECTION. CASE OF UKRAINE-TYUMEN v. UKRAINE. (Application no.
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIFTH SECTION CASE OF UKRAINE-TYUMEN v. UKRAINE (Application no. 22603/02) JUDGMENT (merits) STRASBOURG
More informationSTRENGTHENING SUBSIDIARITY: INTEGRATING THE COURT S CASE-LAW INTO NATIONAL LAW AND JUDICIAL PRACTICE
[Version of 29/9/2010 EMBARGO for distribution only after Mr Pourgourides has spoken] CONFERENCE ON THE PRINCIPLE OF SUBSIDIARITY STRENGTHENING SUBSIDIARITY: INTEGRATING THE COURT S CASE-LAW INTO NATIONAL
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION. CASE OF TÜM HABER SEN AND ÇINAR v. TURKEY
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION CASE OF TÜM HABER SEN AND ÇINAR v. TURKEY (Application no. 28602/95) JUDGMENT STRASBOURG
More informationUnited Nations Convention against Torture: New Zealand s sixth periodic review, 2015 shadow report
13 February 2015 Secretariat of the Committee against Torture United Nations Office at Geneva Office of the UN High Commissioner for Human Rights (OHCHR) CH-1211 Geneva 10 Switzerland cat@ohchr.org United
More informationAssessing the necessity of measures that limit the fundamental right to the protection of personal data: A Toolkit
Assessing the necessity of measures that limit the fundamental right to the protection of personal data: A Toolkit 11 April 2017 TABLE OF CONTENTS I. The purpose of this Toolkit and how to use it... 2
More informationSECTION 8 UNREASONABLE SEARCH & SEIZURE
SECTION 8 UNREASONABLE SEARCH & SEIZURE : Did X violate Y s section 8 rights when they searched? : Section 8 states that everyone has the right to be secure against unreasonable search or seizure. The
More information