Rights and Freedoms in UK Law

Leading Cases
  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 Mayo 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 Junio 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 Julio 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 Octubre 1999

    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.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Diciembre 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 Marzo 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 Junio 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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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (b) (b) conferring rights on the data subject to obtain information about the processing of personal ... by law and subject to safeguards for the data subject’s rights, freedoms and legitimate interests). . (2) A decision is a “significant ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 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 Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... . . Human Rights Act 1998 1998 Chapter 42 . An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights to make provision with respect to holders of certain judicial offices who become judges of ......
  • Data Protection Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......Tribunal. II . Rights of data subjects and others Part II . Rights of data subjects and others ...particular description is unlikely to prejudice the rights and. freedoms of data subjects, notification regulations may provide that,. in such ......
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Books & Journal Articles
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Law Firm Commentaries
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