Article 5 echr - Study guides, Revision notes & Summaries

CIPP/E Practice QuestionsWhich statement is correct when considering the right to privacy under article 8 of the European Convention on Human Rights? - correct answers The right to privacy has to be balanced against other rights under the ECHR What is the one major goal that the OECD Guidelinges, Convention 108, and the Directive all had in common but largely failed to achieve in Europe? - correct answers The restriction of cross-border data flow Which EU institution is vested with the com...

Explain and analyse three features/ principles of the UK constitution. P1: Uncodified, Variety of sources (statute law: HRA 1998, authoritative works "Erskine may") Difficult to fully understand, diminishes rights adaptive/flexible P2: Unitary, Central authority, pment No parliament can bind successor, eg Brexit article 50 to undermine European communities act 1976 Delegated powers alters this slightly, devolution P3: Rule of law Equally subject to the law One of A.V. Dicey's 'twi...

UNIT 1 POWER AND SOVEREIGNTY - KOSOVO 2008 - Answer- Kosovo was a province of Serbia Muslim Albanians are 90% of population Wanted to separate from Serbia - claimed persecution by Serbia Unilaterally declared independence International Court of Justice upheld their decision Themes: hard power, human rights, ethnicity, terrorism, IGOs, international law, nation state, sovereignty UNIT 1 POWER AND SOVEREIGNTY - CRIMEA, UKRAINE 2014 - Answer- Crimea originally belonged to Russia until 1950s...

Which statement is correct when considering the right to privacy under article 8 of the European Convention on Human Rights? The right to privacy has to be balanced against other rights under the ECHR What is the one major goal that the OECD Guidelinges, Convention 108, and the Directive all had in common but largely failed to achieve in Europe? The restriction of cross-border data flow Which EU institution is vested with the competence to propose new data protection legislation on its own ini...

Which statement is correct when considering the right to privacy under article 8 of the European Convention on Human Rights? - ANSWER-The right to privacy has to be balanced against other rights under the ECHR What is the one major goal that the OECD Guidelinges, Convention 108, and the Directive all had in common but largely failed to achieve in Europe? - ANSWER-The restriction of cross-border data flow Which EU institution is vested with the competence to propose new data protection legi...

Direct democracy - ANSWER-all individuals express their opinions themselves and not through representatives acting on their behalf Representative democracy - ANSWER-an individual selects a person to act on their behalf Similarities of representative and direct democracy - ANSWER-based on a majority Differences of direct and representative democracy - ANSWER-direct is not elective, direct is for individuals, direct has more citizen involvement Legitimacy - ANSWER-the right to exerci...

Define Public Law Law involved in the regulation of the state, generally consisting of Constitutional & Administrative Law Define Private Law Law involved in the regulation of relationships between individuals Define constitution the body of rules that govern the political system, the exercise of public authority and the relationship between citizen and the state. Convention Understandings, habits or practices considering to be binding by and upon those who operate the c...

ADL 2601 How to answer a problem question for judicial review Use the IRAC method: - Issue - Rule - Application - Conclusion First talk about the grounds: The decision must be made by a public body! - Local authorities - Government departments (including executive agencies) - Regulators- Ofcom - Non-governmental organisations- the Panel on Takeovers and Mergers, Independent Press Standards Organisation, Advertising Standards Authority The decision must be made under delegated ...

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...