Rights and Liberties

Question 1

Wheeler v Leicester City Council [1985] AC 1054

Answer 1

Facts: local Government Powers are instrumental in shaping community governance, enabling authorities to make decisions for residents’ well-being. Challenges arise when community entities, like a Rugby Football Club, fail to endorse local authority policies. In response, local authorities may exercise their powers, such as imposing a ban on the club’s use of recreational facilities under their jurisdiction.

The court held that, in the absence of any legal infringement or improper conduct by the club, the resolution constituted a breach of the council’s duty to act fairly.
The council’s actions were deemed a procedural impropriety and a misuse of its statutory powers.
The court concluded that these circumstances warranted the quashing of the decision to ban the club from using the recreation ground.

Question 2

BROWN WILKINSON LJ in wheeler v leicester city council 1985:

Answer 2

Brown Wilkinson Lj: t is a constitutional principle that in absence of words to the contrary a person is free to at as he please. Freedom of speech exists not because of an express provision (NB pre-HRA) but because it is not prevented by law, except to the extent that it is libelous. Therefore general words should not be taken as sanctioning the interference with fundamental rights- only express words will do.

Question 3

lord roskill LJ unreasonableness in wheeler:

Answer 3

Persuasion, even powerful persuasion, is always a permissible way of seeking to obtain an objective. But in a field where other views can equally legitimately be held, persuasion, however powerful, must not be allowed to cross that line where it moves into the field of illegitimate pressure coupled with the threat of sanctions’: p. 1078D

Question 4

lord roskill procedural impropriety in wheeler

Answer 4

The club had received ‘reasoned and reasonable answers’ that expressed ‘lawful view’
Therefore, ‘the court should interfere because of the unfair manner in which the council set about obtaining its objective’

Question 5

malone v metropolitan police commissioner (1979)

Answer 5

wire tapping is nothing more than eavesdropping by telephone

Question 6

frameworks for deciding what rights to protect:

Answer 6

• Positivism: the imperative of rights and laws have no foundation other than the contract agreed on
• Natural law: prioritises intrinsic rights of nature and undeniable interconnection between humand and natural world
• Transcendental
• Immanent
• Dworkinian Interpretivism: judges must decide hard cases through an interpretation of the political structure of their community as a whole

Question 7

How are rights protected in the UK?

Answer 7

1. HRA 1998
2. ECHR
3. COMMON LAW RIGHTS

Question 8

common law right protection - dicey

Answer 8

• Introduction to the Study of the Law of the Constitution: He believed that people’s right are best protected under Common Law rather than a formal Bill of Rights.

Question 9

Brind 1991

Answer 9

Facts: It was argued that this infringed article 10 ECHR. HL said that it is true that this limited the editorial freedom of BBC and freedom of expression for terrorists, but Lord Bridge said this was clearly prescribed by law and necessary in a democratic society in the interests of national security, so that it was a justified breach.

Question 10

smith 1996

Answer 10

Since the case raised a human rights issue, the courts would require greater justification to view the decision as within the range of reasonable responses. However, the decision here was also policy-laden, politically sensitive, and within the realm of national security, this all pointed towards showing greater caution.In this case, the policy was upheld on the basis that it was for the government to assess the suitability of the policy as a matter of political judgment.

Question 11

why bring rights home?

Answer 11

• common law is not enough
• integration of ECHR and British contribution to it
• closer scrutiny
• greater efficiency
• time and cost