HRA Flashcards
Marleasing
Lending from the ECJ would give a very broad interpretation of s3
Magor and St Mellens RDC
Denning took a purposive/teleological approach to s3 of the HRA when traditional techniques would not render the interpretation Convention Right compliant
R v R (marital rape exemption)
The CL must also change to keep in line with C. Rights but note there is no express mention of this in the Act
Dawkins v Antrobus
Many CL rules are as enforceable against companies or individuals as against gvt bodies - the private sector is not amenable to JR in a direct sense but there is a broad notion of what is ‘governmental’ in nature including acts of clubs and societies – this does not seem to be the case for Convention rights however
Goodwin v United Kingdom
What was ostensibly a horizontal action at the ECtHR - the judgment explained that a state may be in breach of the Convention is its laws allows individuals to invoke legal protections which unacceptable hamper other individuals’ access to rights identified by the Convention
X and Y v The Netherlands
Another horizontal action, where the Court held that Art 8 imposed an obligation on the Netherlands to introduce such a law so as to protect the individuals
Malone v UK
Again, horizontal effect of the state’s first step being to introduce domestic law which corrects the aggravating element that is affecting an individual’s C. rights
Dudgeon v United Kingdom
Standing requirements are certainly more expansive but also more ambiguous, here they would have had standing whereas they didn’t at the time
Klass v Germany
The Court said that it would not allow procedural questions to frustrate achievement of the Convention’s substantive objectives – liberal interpretation of Art 25
R v Secretary of State for the Home Dept, ex p Simms
Rather than revolution it seems to have been continued innovation for the courts — use for conclusion - Lord Steyn concluded that the CL had absorbed Art 10 rights
Reynolds v Times Newspapers
It is clear that the CL was indeed developing but the HRA legitimised such developments
