Human rights

Question 1

Karl construction v palisade properties

Answer 1

Automatic grant if diligence on the dependence .

2) control of use
3) sanctioned by law as clearly set out in court rules
4) aim was effective justice
5) not necessarily proportionate, circumstances should be considered

Violation found, rules amended

Question 2

How are cases brought under Article 8 decided

Answer 2

Is the article engaged?
Is it lawful?
Does it pursue one of the aims of 8(2)?
Is it proportionate?

Question 3

South Lanarkshire Council v McKenna

Answer 3

Legislation allowing repossession without court discretion, Housing (Scotland) Act 2991 allowed termination of lease without reasons or chance to appeal

1. Was this lawful? Yes
2. Legitimate aim? Yes
3. Proportionate? As long as we read s36 as allowing the court to assess proportionality.

Question 4

How are cases under P1-1 decided

Answer 4

1. Is there possession
2. Has there been state interference
   A) rule 1: general interference
   b) rule 2: deprivation
   C) rule 3: control of use
3. Is it lawful?
4. Does it pursue a legitimate aim in the public/general interest
5. Is it proportionate