Protocols in UK Law

  • Re McKerr
    • House of Lords
    • 11 Marzo 2004
    ... ... reproduces as rights in our domestic law the rights that are to be found in certain specified articles in the Convention and in two of the Protocols: section 1(1) - (3). It then makes it unlawful for public authorities to act or to fail to act in a way which is incompatible with those rights: ... ...
  • Wilson v First County Trust Ltd (No 2)
    • Court of Appeal (Civil Division)
    • 02 Mayo 2001
    ... ... gives "further effect" are not, themselves, new rights introduced by the Act; they are existing rights set out in the Convention and its Protocols, to which the United Kingdom is party – see section 1(1) of the Act. The object of the Act is to incorporate those rights into domestic law and to ... ...
  • R (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others
    • Supreme Court
    • 01 Diciembre 2009
    ... ... that Article 14 has no independent existence, but plays an important role by complementing the other provisions of the Convention and the Protocols, since it protects individuals, placed in similar situations, from any discrimination in the enjoyment of the rights set forth in those other ... ...
  • R and Others v Secretary of State for Justice
    • Queen's Bench Division (Administrative Court)
    • 03 Julio 2012
    ... ... that the Convention rights in the HRA are to be applied and enforced to the same extent as the Convention rights in the ECHR and its Protocols. In particular, section 2(1) provides that: "A court or tribunal determining a question which has arisen in connection with a Convention ... ...
  • Al Hassan-Daniel and Another v Revenue and Customs Commissioners (JUSTICE Intervening)
    • Court of Appeal (Civil Division)
    • 17 Diciembre 2010
  • Elgizouli v Secretary of State for theHome Department
    • Supreme Court
    • 25 Marzo 2020
    ... ... anyone's life intentionally: the former exception for the death penalty when provided by law has gone following the Sixth and Thirteenth Protocols to the European Convention. There are three limited exceptions in article 2.2, none of which apply to the infliction of the death penalty as such ... ...
  • Miller v Bull & Others
    • Queen's Bench Division
    • 28 Octubre 2009
    ... ... 48. Where nearly all the other substantive clauses in the Convention and in Protocols Nos. 1, 4, 6 and 7 (P1, P4 , P6, P7) use the words “Everyone has the right” or “No one shall”, Article 3 (P1–3) uses the phrase “The ... ...
  • R (Electoral Commission) v Westminster Magistrates' Court
    • Queen's Bench Division (Administrative Court)
    • 22 Enero 2009
    ... ... Rights Act 1998 in cases where it requires compliance with certain provisions in the European Convention on Human Rights and subsequent protocols. The second head concerns a failure to adopt a fair procedure. It is convenient to include under this head a failure to give reasons where, or to the ... ...
  • R (Horvath) v Secretary of State for Environment, Food and Rural Affairs
    • Queen's Bench Division (Administrative Court)
    • 21 Julio 2006
    ... ... difference in treatment of persons in analogous positions in the exercise of the rights and freedoms recognised by the Convention and its Protocols. It observes in this connection that in the constituent parts of the United Kingdom there is not always a uniform approach to legislation in ... ...
  • R (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others
    • Queen's Bench Division (Administrative Court)
    • 18 Junio 2008
    ... ... 48 Where nearly all the other substantive clauses in the Convention and in Protocols Nos. 1, 4, 6 and 7 use the words 'Everyone has the right' or 'No one shall', Article 3 uses the phrases ' the High Contracting Parties undertake'. It ... ...
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