Rights and Freedoms in UK Law
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R (Daly) v Secretary of State for the Home Department
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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.
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R v Secretary of State for the Home Department, ex parte Simms
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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.
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R (Razgar) v Secretary of State for the Home Department
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(4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?
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R v DPP ex parte Kebeline
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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.
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Ullah v Secretary of State for the Home Department
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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.
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Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
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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.
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Re McKerr
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The former existed before the enactment of the Human Rights Act 1998 and they continue to exist. These rights, arising under the Convention, are to be contrasted with rights created by the Human Rights Act. The latter came into existence for the first time on 2 October 2000. The extent of these rights, created as they were by the Human Rights Act, depends upon the proper interpretation of that Act.
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Data Protection Act 2018
... ... data subject's consent or another specified basis,(b) conferring rights on the data subject to obtain information about the processing of personal ... Kingdom and subject to safeguards for the data subject's rights, freedoms and legitimate interests) ... (2) A decision is a “significant ... ...
- The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019
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Modern Slavery Act 2015
... ... are to be construed in accordance with Article 4 of the Human Rights Convention ... (3) In determining whether a person is being held in ... the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950;“land ... ...
- Human Trafficking and Exploitation (Scotland) Act 2015
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Social Choice and the Grammar of Rights and Freedoms
The techniques of social choice and game theory are increasingly being used to analyse concepts in political theory. Although these techniques may prove invaluable for teasing out contradictory for...
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Multiculturalism and the Canadian Charter of Rights and Freedoms
Section 27 of the Canadian Charter of Rights and Freedoms states: ‘This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Ca...
- Legal Protection for Fundamental Rights and Freedoms: European Lessons for Australia?
- Parliamentary Sovereignty and Human Rights in Canada: The Promise of the Canadian Charter of Rights and Freedoms
- Constitutional All Change? The Judicial Review And Courts Act, The Brexit Freedoms Bill And A New Bill Of Rights
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2 Intent-to-Fine Notices in 2 Days by UK Information Commissioner for GDPR Violations; Amounts Total £282 Million
It has been over a year since the General Data Protection Regulation (GDPR) came into force – and it did so with great fanfare. The GDPR had the effect of overhauling how personal data is dealt wit...
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AI Auditing Framework – Draft ICO Guidance Published for Consultation
On February 19, 2020, the Information Commissioner’s Office (ICO), the data protection regulator in the United Kingdom, launched a consultation on its draft guidance on the artificial intelligence ...... ... benefits which AI can bring, but also the risks it can pose to the rights and freedoms of individuals. AI is therefore one of ICO’s top three ... ...
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Shape Up Or Ship Out: UK Information Commissioner’s Office Issues New Opinion Regarding Adtech Initiatives
What does the U.K. Information Commissioner’s Office have to say about what it takes for adtech initiatives to be compliant with data protection? “There is an opportunity for market participants to...