Lecture notes
Lecture notes Public Law - UK & ECHR
- Module
- Public Law
- Institution
- London South Bank University (LSBU)
Lecture notes Public Law - UK & ECHR
[Show more]
Seller
Follow
Content preview
UK & ECHRHistory of the convention in uk law
- Uk ratified the convention in 1951
- Entered a reservation from the outset against protocol 1 art 2
- Entered derogations on 2 occasions
o 1974 – derogated from art 5(3) due to the situation in Northern Ireland
Withdrawn in 1988
o 2001 – derogated from art 5(1) following 9/11
Resulted in the enactment of the anti-terrorism crime & security act
Allows detention without trial
Impact of echr on domestic law pre hra
- Uk legal system is dualist in nature
- Echr only had weak impact
o R v Staines & Morrissey 1997
- Statutory construction
o Uk courts weren’t under obligation to apply convention provisions directly
o Where a statute was in breach of the echr, uk courts were still bound by it
o The position where there was ambiguity
R v secretary of state for the home department 1991
- Common law & the convention
o Where the common law is uncertain/ incomplete/ unclear, the courts must
have regard to the principles stated in the convention & where possible rule
in a manner which conforms with the convention
Contents & implications of hra
- In all cases domestic courts are required to construe all present & future domestic
legislation in a manner compatible with convention rights
o Section 3
- Domestic courts must decide all cases in a manner compatible with convention rights
unless prevented by
o Primary legislation which can’t be read compatibly with convention rights
o Delegated legislation made under primary legislation which can’t be read
compatibly with convention rights
- Vesting persons with directly enforceable rights against public authorities
o Section 7
o Can only be used by victims of violation of convention rights
Section 1 hra
- Gives convention rights further effect
o Art 2-12 & 14 of the convention
o Art 1-3 of the 1st protocol
o Art 1 of the 13th protocol
- Where the provision of the echr isn’t given further effect by the hra but is ratified its
impact upon domestic law in event of breach won’t have changed as a result of the
hra
- Where the provision isn’t ratified the uk has no obligation in international law to
meet its requirements
Section 2 hra
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 rhiabuaku. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.16. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
71241 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now
Recently viewed by you
Package deal ·
ATI MEDICAL SURGICAL EXAM PACKAGE
Lecture notes ·
Lecture notes Public Law - Illegality
Exam (elaborations) ·
CNIM 1 Test with complete solutions
Exam (elaborations) ·
NC DECA State Officer Test- Answered
Exam (elaborations) ·
NJ DECA State Officer Test- Answered
Package deal ·
NHA CCMA TESTS COMPILATION BUNDLE
Exam (elaborations) ·
GoJet Systems Questions and answers
Exam (elaborations) ·
Traffic school quiz #3 2023-Answered
