Vocab And Classification

Question 0

Which case criticised and restricted the margin of appreciation?

Answer 0

Hirst v UK - blanket ban on prisoner votes. No European rule so normally wide margin but ruled courts shouldn’t be able to rely on the margin to ‘justify’ such restriction.

Question 1

What is the margin of appreciation?

Answer 1

A ‘leeway’ granted by ECtHR when assessing whether their actions violate such rights. Seen in handyside v uk. Recognises state itself is often in place to decide.

Question 2

What does the ‘living instrument’ principle mean?

Answer 2

The convention must be interpreted in light of the present day conditions. (dudgeon v UK) social standards change and so must the courts interpretation on the extent of a right.

Question 3

What must rights be guaranteed? Not theoretical and illusory but…

Answer 3

Practical and effective

Question 4

What does proportionality mean?

Answer 4

A requirement that an act or measure is proportionate to the aim it seeks to achieve. Balances needs of individual and community. Emphasised in Soering v UK

Question 5

What can rights be classified as?

Answer 5

Positive and negative.

Question 6

Which are the absolute rights? (Those that cannot be derogated from?)

Answer 6

2,3,4 and 7.

Question 7

What are qualified rights?

Answer 7

Those rights - the enjoyment of which necessarily requires a balance to be struck between the rights of the individual and those of the community. Include 8,9,10 and 11.