Civil Liberties at the Margin: the UK Derogation and the European Court of Human Rights

1995 ◽  
Vol 15 (1) ◽  
pp. 69-95 ◽  
Author(s):  
SUSAN MARKS
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Court ◽  
The Uk

18. Human Rights II: Emergent Principles

2021 ◽  
pp. 469-505
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Freedom Of Expression ◽  
Common Law ◽  
Civil Liberties ◽  
Conservative Party ◽  
European Convention ◽  
European Court ◽  
Domestic Courts ◽  
The Uk

This chapter presents an overview of the European Convention on Human Rights, an International treaty originating in the reconstruction of Europe’s political order following World War II. The chapter is organised as follows. Section I discusses the main procedural and substantive features of the Convention itself, whilst Section II assesses its status and use in English law up until (approximately) the early-1990s. Section III examines the leading judgments of the European Court on Human Rights in the areas of privacy and freedom of expression. The chapter goes on to consider how the UK constitution’s approach to the issue of civil liberties and human started to change in the 1970s, 1980s, and 1990s. Discussion focuses initially on the ways in which domestic courts began to use common law ideas to give increasing effect to the Convention’s provisions. The chapter then examines emerging arguments as to the benefits that might result from Parliament enacting a statute giving Convention articles a superior status to common law rules. The chapter then discusses the re-emergence and consolidation of fundamental human rights as an indigenous principle within the common law, and concludes by analysing the so-called ‘judicial supremacism’ controversy of the early and mid-1990s in which the courts’ increasingly forceful assertion of human rights ideas provoked substantial criticism from Conservative party politicians.

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

15. The European Convention on Human Rights and the Human Rights Act 1998

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Rights Protection ◽  
Positive Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

Religious Courts in the Jurisprudence of the European Court of Human Rights

2018 ◽  
Vol 2 (1) ◽  
pp. 1-72
Author(s):  
Michał Rynkowski
Keyword(s):  
Human Rights ◽  
Catholic Church ◽  
Church Of England ◽  
European Convention ◽  
Lutheran Church ◽  
European Court ◽  
The Uk ◽  
Evangelical Lutheran Church ◽  
Almost All ◽  
Religious Courts

AbstractReligious courts have for centuries been part of the European legal landscape. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this paper is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, from Italy to Finland and from the UK to Turkey—and in one particular case, Israel. The applicants belonged to many denominations, predominantly Christian. The Court of Human Rights (and before that, the Commission of Human Rights) has been concerned, in the main, with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights. The Court has come to various conclusions—for example, it accepted that courts of the Church of England comply with the requirement, it questioned whether the cathedral chapter of the Evangelical-Lutheran Church in Finland did so, and it indirectly criticized proceedings before the Roman Rota of the Catholic Church. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom. Nevertheless, the cases are so different that it is difficult to discern a coherent line of jurisprudence, and the Court itself hardly ever refers to its own previous judgments in this field.

scholarly journals The United Kingdom’s Coronavirus Act, deprivations of liberty, and the right to liberty and security of the person

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Jonathan Pugh
Keyword(s):  
Public Health ◽  
Human Rights ◽  
European Convention ◽  
Human Rights Law ◽  
Legal Certainty ◽  
The Public ◽  
European Court ◽  
The Uk ◽  
The Right ◽  
Article 5

Abstract In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The extension of such powers naturally raises concerns about whether their use will be compatible with human rights law. In particular, it is unclear whether their use will fall within the public heath exception to the Article 5 right to liberty and security of the person in the European Convention of Human Rights. In this paper, I outline key features of the CA, and briefly consider how the European Court of Human Rights has interpreted the public health exception to Article 5 rights. This analysis suggests two grounds on which restrictions of liberty enforced some under the CA might be vulnerable to claims of Article 5 rights violations. First, the absence of specified time limits on certain restrictions of liberty means that they may fail the requirement of legal certainty championed by the European Court in its interpretation of the public health exception. Second, the Coronavirus Act’s extension of powers to individuals lacking public health expertise may undermine the extent to which the act will ensure that deprivations of liberty are necessary and proportionate.

Sign in / Sign up

Export Citation Format

Share Document