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Public Law > Human Rights > Flashcards

Human Rights Flashcards

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1
Q

Ambrose 2011

A

STRASBOURG
Ceiling and Floor
Hope: go beyond = judge made rights

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2
Q

Al Rawi 2011

A

STRASBOURG
Margin of appreciation
Not ceiling

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3
Q

Kennedy 2014

A

STRASBOURG

Continuing significance - common law rights

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4
Q

Osborn 2013

A

STRASBOURG
Misguided to look just at S
‘Not however supersede the protection of HR under the common
law or statute’

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5
Q

Daly 2001

A

PROPORTIONALITY

Rights v Public Interest

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6
Q

A v SoS HD 2004

A

PROPORTIONALITY
Belmarsh
P not met = DOI
Dissent - 3 wall jail

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7
Q

Re S (Minor)

A

S3 - POSSIBLE?
New Scheme of Judicial Oversight
Cross boundary - interpret, amend

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8
Q

Ghaidan 2004

A

Gay - interpret even when: no ambiguity + need to depart from P intent

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9
Q

Wilkinson 2005

A

New Rule of S Const - presume P intent not to legislate against rights

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10
Q

Bellinger v Bellinger 2003

A

Marriage void if not between man and woman
Major change
in law = for P

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11
Q

Nicklinson 2014

A

S4 - DOI

Assisted Suicide - already considering matter

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12
Q

Burden v UK 2008

A

S4 - DOI

Not effective remedy but wait and see

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13
Q

Aston Can. v Wallbank 2003

A

PUBLIC BODIES
‘gov in the broad sense’
Church - hybrid public body

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14
Q

YL v Birm CC 2007

A

PUBLIC BODIES
Care home resident - publicly funded
Private home = private provider

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15
Q

Begum 2006

A

OUTCOME OR PROCEDURE FOCUS?

Jilbab - HRA focus on outcome

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16
Q

Miss Behavin 2007

A

OUTCOME OR PROCEDURE FOCUS?
Outcome - Hoffman
Hale - C explicitly considering balancing = court ought not intervene

17
Q

Anufrijeva 2003

A

DAMAGES

Secondary to ending infringement

18
Q

R (Infinis) v Ofgem 2011

A

DAMAGES

Breach property rights - £2.7M awarded

19
Q

Smith & Grady v UK 1999

A

Ban homo army - not proportional

Financial award

20
Q

Handyside v UK 1979

A

DEFERING

Book teach children about sex - no uniform morals = defer

21
Q

Entick v Carrington

1795

A

PROTECTION PRIOR TO HRA

Invasion of property - Common Law

22
Q

Beatty v Gillbanks 1882

A

PROTECTION PRIOR TO HRA

Disturb peace nat consequence = liable

23
Q

Malone v UK 1984

A

PROTECTION PRIOR TO HRA

Phone tapping - legitimate aim still need to comply to RoL - exact limits

24
Q

Simms 1999

A

PROTECTION PRIOR TO HRA

Prevent prisoners from speaking to press - unlawful

25
Q

Georgia v Russia 2014

A

ECHR

2006 expulsion of Georgian Nat

26
Q

Golder v UK 1975

A

ECHR

Prisoners - access to solicitor - inherent in A6

27
Q

Sunday Time v UK 1979

A

ECHR
HL injunction on thalidomide story
Breach free speech

28
Q

Hirst v UK 2005

A

ECHR

Blanket ban on prisoner voting - margin of appreciation but still breach - never resolved

29
Q

Ward

A

ECHR - ‘emerged rather apologetically in the form of a Declaration’- constraint rather than source of power

30
Q

6(2) Maastricht 1992

A

‘union shall respect fundamental rights’

31
Q

6(1) T Amsterdam 1997

A

‘founded on the principles of liberty, democracy, respect for HR’

32
Q

Commission on a BOR, A Second Consultation 2012

A

HRA minus?

Symbolic?

33
Q

Rights Bought Home 1997

A

‘growing awareness that it is not sufficient to rely on common law’

More efficient + Influence case law + familiarity with Br law

34
Q

Dicey

A

Conventions + Politics + Common Law Spirit

35
Q

Bradley

A

New Duty - substance

New Judicial power - DOI -wound likely to prove fatal

36
Q

Lester QC

A

‘never again permit sov to shield from international liability’

Public Law (12 decks)

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