These notes are a complete collection of my lecture notes, reading, and extra investigation into the the particular topic. They are fully structured, and have a contents page at the very top, in order to ensure that the ideas and arguments within are easy to navigate.
At certain points, I have a...
Public Law (LL106) - Human Rights Act Jurisprudence
Contents
1. Section 2
1.1. Duty to take ECtHR case law into account
1.2. Differing views on whether UK courts are bound by it
1.3. When should courts not follow Strasbourg?
1.4. Can courts expand upon Strasbourg rights?
2. Section 3
2.1. The provisions of s.3
2.2. How far are courts allowed to go in reinterpreting legislation?
2.3. How do you determine parliamentary intention?
3. Section 4
3.1. What are declarations of incompatibility?
3.2. When and how are declarations used?
3.3. What is the role of declarations of incompatibility?
4. Section 6
4.1. The basics of the section 6 duty and its enforcement
4.2. Definition of a ‘public authority’
4.3. The victim requirement
5. Section 8
5.1. Remedies under section 8
5.2. Notes
6. Deference
6.1. Deference and the discretionary area of judgment
6.2. The debate on whether defence is expected of the courts
6.3. The impact of the Denbigh
7. Case Notes
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller TGT. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.49. You're not tied to anything after your purchase.
