Judicial Review Flashcards
What is a qualified right?
Rights that can be limited in certain circumstances and to a certain degree.
Can be restricted in some circumstances, but only within certain limits. Qualified rights must be balanced against the needs of the wider community or other individuals.
Article 8: The right to respect for private and family life, including the right to maintain family relationships and not be separated from them
Article 9: The freedom to manifest your religion or belief
Article 10: The freedom of expression
Article 11: The freedom of assembly and association
What are absolute rights?
Rights that cannot be restricted under any circumstances.
Article 3: Freedom from torture and inhuman or degrading treatment
Article 4: Freedom from slavery and forced labor
What are limited rights?
Can only be restricted in specific circumstances, such as when someone commits a crime. For example, the right to liberty (Article 5) can be limited.
What question must be asked when restricting the qualified rights?
Whether it was prescribed by law, with a legitimate aim, necessary and proportionate?
