Rights and Freedoms in UK Law

Leading Cases
  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 May 2001

    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 (Razgar) v Secretary of State for the Home Department
    • House of Lords
    • 17 Jun 2004

    (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?

  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Jul 1999

    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.

  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 Oct 1999

    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.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Dic 2000

    The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute. Limited qualification of these rights is acceptable if reasonably directed by national authorities towards a clear and proper public objective and if representing no greater qualification than the situation calls for.

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    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.

  • Ullah v Secretary of State for the Home Department
    • House of Lords
    • 17 Jun 2004

    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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Books & Journal Articles
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Law Firm Commentaries
  • 2 Intent-to-Fine Notices in 2 Days by UK Information Commissioner for GDPR Violations; Amounts Total £282 Million
    • LexBlog United Kingdom
    • Greenberg Traurig, LLP
    • 24 de Julio de 2019
    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...
    ...... Europe, introducing the ‘gold standard’ of protection for the rights and freedoms of EU data subjects. At the same time the UK enacted the Data ......
  • Joint Statement on the Creation of the Global Partnership on Artificial Intelligence
    • JD Supra United Kingdom
    • Akin Gump Strauss Hauer & Feld LLP
    • 15 de Julio de 2020
    On June 15, 2020, the Government of the United Kingdom issued a joint statement announcing the creation of the Global Partnership on Artificial Intelligence (GPAI) along with 14 other founding memb...
    ...... developing and deploying AI in a way that is consistent with human rights, fundamental freedoms and shared democratic values. GPAI’s aim is “to ......
  • AI Auditing Framework – Draft ICO Guidance Published for Consultation
    • JD Supra United Kingdom
    • Akin Gump Strauss Hauer & Feld LLP
    • 27 de Febrero de 2020
    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 ......
  • It’s good to talk: Strasbourg sides with Court of Appeal on life sentences
    • LexBlog United Kingdom
    • Hogan Lovells
    • 5 de Febrero de 2015
    The European Court of Human Rights (“ECtHR“) has rejected a claim by a convicted murderer that the imposition of a “whole life tariff” violated his rights under article 3 of the European Convention...
    ...The European Court of Human Rights (“ECtHR“) has rejected a claim by a convicted murderer that the ... 3 of the European Convention on Human Rights and Fundamental Freedoms 1950 (the “Convention“): Hutchinson v United Kingdom (A/N: ......
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