Human Rights in UK Law
- access to information
- freedom of assembly and association
- freedom of expression
- freedom of thought conscience and religion
- limitation on use of restrictions on rights
- no punishment without law
- prohibition of discrimination
- prohibition of slavery and forced labour
- prohibition of torture
- prohibition on abuse of rights
- restrictions on political activity of aliens
- right to a fair trial
- right to liberty and security
- right to life
- right to marry
- right to respect for private and family life
- rights and freedoms
R v Secretary of State for the Home Department, ex parte Simms
Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.
Ullah v Secretary of State for the Home Department
It is of course open to member states to provide for rights more generous than those guaranteed by the Convention, but such provision should not be the product of interpretation of the Convention by national courts, since the meaning of the Convention should be uniform throughout the states party to it. The duty of national courts is to keep pace with the Strasbourg jurisprudence as it evolves over time: no more, but certainly no less.
R v DPP ex parte Kebeline
In this area difficult choices may have to be made by the executive or the legislature between the rights of the individual and the needs of society. In some circumstances it will be appropriate for the courts to recognise that there is an area of judgment within which the judiciary will defer, on democratic grounds, to the considered opinion of the elected body or person whose act or decision is said to be incompatible with the Convention.
R (Daly) v Secretary of State for the Home Department
First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.
R v Secretary of State for the Home Department, ex parte Brind
It would be to impute to Parliament an intention not only that the executive should exercise the discretion in conformity with the Convention, but also that the domestic courts should enforce that conformity by the importation into domestic administrative law of the text of the Convention and the jurisprudence of the European Court of Human Rights in the interpretation and application of it.
Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.
R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
In the absence of some special circumstances it seems to me that the court should follow any clear and constant jurisprudence of the European Court of Human Rights. If it does not do so there is at least a possibility that the case will go to that court which is likely in the ordinary case to follow its own constant jurisprudence.
Republican Human Rights?
The very idea of republican human rights, seems paradoxical. My aim in this article is to explore this disjunctive conjunction. One of the distinctive features of republican discourse, both in its ...
- Review: Human Rights
- Redescribing Human Rights
Human Rights Impact Assessments
In this article human rights impact assessments (HRIAs) will be discussed. After examining their background, including their history and the different kinds of human rights impact, the various purp...
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