HR Flashcards
When does a legitimate expectation arise?
When a public authority has made a promise, assurance, or representation to an individual or a group of individuals.
R v Devon County COuncil ex parte Baker - a legitimate expectation can be based on an express promise or representation made by a public body, and the affected party has taken action in reliance upon it to their detriment.
What is the ‘interference’ principle?
A public authority can be liable if its actions foreseeably make a situation worse or prevent others from taking protective steps.
When must a court issue an incompatibility order?
In situations where domestic law and retained direct EU legislation cannot be read together compatibly.
s.8 Retained EU Law (Revocation and Reform) Act 2023
Who can the ECtHR examine complaints by and against?
The ECtHR may hear inter-state complaints where they arise and hear individual complaints where they arise and are deemed admissible.
1) inter-state complaints under Article 33 of the Convention; and
2) individual applications lodged by any person, group of individuals, company, or NGO having a complaint about a violation of their rights under Article 34.
When does someone indirectly discriminate against another?
They apply a provision, criterion, or practice, which is discriminatory in relation to a protecte characteristic of the other person.
Policy is seemingly applied to everyone ‘equally’ but in fact negatively impacts person(s) with a protected characteristic
