Human Rights Law

Comprehensive summary/exam notes on Article 10 ECHR right to freedom of expression. This document covers the different potential rationales underlying Article 10 (the importance of discovering truth, self-fulfilment, democracy) along with a structured essay plan on whether the law acts in furtherance of the aim of democratic participation. This document also covers the distinction between Article 10 and Article 17, how the latter is used, and what this tells us about the principles underlying Ar...

Comprehensive summary/exam notes on the Article 6 ECHR right to a fair trial. This document covers the ECtHR and domestic court approach to balancing (and counter-balancing factors), the "proceedings as a whole" test, and secret evidence. It also contains in depth analysis that can be used to structure an essay on this topic.

Comprehensive summary/exam notes on the margin of appreciation in Human Rights Law. This document covers the first conception of the margin of appreciation in Handyside v UK, and the different conceptions of the margin of appreciation set out by Letsas (structural and substantive).

Comprehensive summary/essay plan on common law vs ECHR rights and the question of whether common law rights can offer the same degree as protection. This document covers distinctive features of the UK system, features of convention rights and the degree of scrutiny provided by both courts which can be used to structure an essay on this topic.

Comprehensive summary/exam notes on the Article 9 ECHR right to freedom of religion. This document covers the principles underlying Article 9 (secularism, pluralism, coexistence, human agency), the test employed under Article 9 (legality, legitimacy, necessity and proportionality) and the application of the right to religious minorities and asylum seekers. It also covers the right not to have/manifest a religion.

Comprehensive break down of two key questions relating to Article 5 ECHR (right to liberty): Is the right to liberty a substantive or procedural right?; is the right to liberty a powerful right? In relation to the first question, the document outlines the approach taken in the Convention and case law, specifically looking at the case of Austin v UK in the ECtHR, and analyses whether the approach currently taken is desirable. In relation to the second question, the document looks at different a...

Comprehensive summary/exam notes on the principle of extraterritoriality in Human Rights Law. This document sets out a timeline of cases from the traditional view of jurisdiction in Bankovic v UK to its development in Al-Skeini v UK, Al-Saadoon, Georgia v Russia and Carter v Russia. It also includes in-depth analysis that can be used to structure an essay on this topic.

Comprehensive summary/essay plan on the Article 14 ECHR right to freedom from discrimination. This document sets out the development of Article 14 through the ECtHR (looking at the parasitic nature of the right, the grounds of discrimination, the definition of discrimination itself, and the development of indirect discrimination), and looks at the potential impact caused by Protocol 12 Article 1.