Comprehensive exam revision notes on one of the most popular exam topics that come up most often in the LSE first year LL106 exam papers, namely:
Human Rights (the Human Rights Act, a British Bill of Rights, common law protection)
As these documents contain textbook chapter summaries, lecture not...
Historical
protection
of
LIBERTIES
under
English
law:
• Blackstone:
the
constitution
protects
3
pillars
of
liberty
o Personal
security
o Personal
liberty
o Private
property
• Locke:
social
contract
theory
o Mutual
preservation
of
their
lives,
liberties
and
estates
• Dicey:
rule
of
law
o No
one
can
be
punished
except
for
distinct
breach
of
law
o All
are
equal
before
the
law
–
formal
equality
o Constitution
arises
from
the
law
of
the
land
and
individuals
• These
traditional
safeguards
to
liberty
contrast
the
modern
statements
of
rights
o Core
to
British
liberty-‐
the
fewer
laws
we
have
the
more
liberty
o Rigour
of
excessive
modern
law
Basic
principle
of
the
common
law
on
rights:
• protection
of
liberties
• everything
is
permitted
unless
expressly
prohibited
–
scope
of
lawful
conduct
as
a
function
of
prohibitions
and
isn’t
fixed
• residual
idea
of
liberty
• constant
risk
of
erosion
• supported
by
availabilities
of
remedies
rather
than
rights
• very
weak
in
face
of
parliamentary
sovereignty
Cases
Pre-‐HRA:
• Entick
v
Carrington
o Sued
for
unlawful
entry,
search
and
seizure
to
be
remedied
o Dealt
with
the
government
as
an
individual
o Didn’t
recognize
rights
–
the
wrong
here
was
trespass
of
property
o Nowadays
would
be
breach
of
privacy
• Beatty
v
Gillbanks
o Can
only
prevent
the
salvation
army
from
marching
if
the
law
prohibits
even
if
know
that
the
skeleton
army
would
cause
riots
because
of
this
–
acting
within
the
limits
of
the
law
o Residual
point
–
not
protected
by
rights
but
remedies
o Nowadays
freedom
to
assemble
• Malone
v
MPC/UK
o Tapping
telephones
did
not
allow
redress
because
there
was
no
trespass
on
his
property
/
common
law
didn’t
protect
people’s
privacy
–
appeal
to
ECtHR
o Was
a
breach
of
Article
8,
Parliament
passed
an
Act
in
1985
subsequently
• ex
p
Brind
[1991]
o ECHR
was
not
part
of
UK
law
then
so
could
not
be
relied
upon
o Can
be
used
to
assist
in
interpreting
ambiguous
statute
o Refused
to
go
directly
against
government
intention
and
rely
on
ECHR
law
‘through
the
back
door’
when
government
has
refused
to
incorporate
it
‘through
the
front
door’
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