Charter of Fundamental Rights in UK Law

Leading Cases
  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 Junio 2013

    The approach adopted in Oakes can be summarised by saying that it is necessary to determine (1) whether the objective of the measure is sufficiently important to justify the limitation of a protected right, (2) whether the measure is rationally connected to the objective, (3) whether a less intrusive measure could have been used without unacceptably compromising the achievement of the objective, and (4) whether, balancing the severity of the measure's effects on the rights of the persons to whom it applies against the importance of the objective, to the extent that the measure will contribute to its achievement, the former outweighs the latter.

  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Febrero 2011

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

  • R (Howard League for Penal Reform) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 29 Noviembre 2002

  • R (on the Application of EM (Eritrea)) and Others v Secretary of State for the Home Department [Sup Ct]
    • Supreme Court
    • 19 Febrero 2014

    The critical test remains that articulated in Soering v United Kingdom (1989) 11 EHRR 439. The removal of a person from a member state of the Council of Europe to another country is forbidden if it is shown that there is a real risk that the person transferred will suffer treatment contrary to article 3 of ECHR.

  • Mark Alan Holyoake v Nicholas Anthony Christopher Candy and Another
    • Queen's Bench Division
    • 24 Enero 2017

    It seems to me therefore that Mr Pitt-Payne is right to submit that this argument seeks a substantial expansion of the iniquity principle which would, on the face of it, significantly erode the right to LPP. I also see a great deal of force in Mr Pitt-Payne's submission that the argument for Mr Holyoake fails properly to recognise that the right to LPP is itself a fundamental human right.

  • Janusz Miraszewski (1st Appellant) Lukasz Kanigowski (2nd Appellant) Marcin Flusniak (3rd Appellant) v District Court in Torun, Poland (1st and 2nd Respondents) Circuit Court, Rzeszow, Poland (3rd Respondent)
    • Queen's Bench Division (Administrative Court)
    • 17 Diciembre 2014

    The EAW procedure has since 2009, when the Charter came into effect, been the common standard for members of the Union. In my judgment, the broad terms of subsection (3)(b) permit the judge to make the assessment on the information provided and, when specific information from the requesting state is absent, he is entitled to draw inferences from the contents of the EAW and to apply domestic sentencing practice as a measure of likelihood.

  • R (on the application of Lumsdon and Others) v Legal Services Board
    • Supreme Court
    • 24 Junio 2015

    Proportionality as a general principle of EU law involves a consideration of two questions: first, whether the measure in question is suitable or appropriate to achieve the objective pursued; and secondly, whether the measure is necessary to achieve that objective, or whether it could be attained by a less onerous method.

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Legislation
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ......S-4 . Saving for rights etc. under section 2(1) of the ECA 4 Saving for .... (4) The Charter of Fundamental Rights is not part of domestic law ......
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (ii) any rights, powers, liabilities, obligations, restrictions, ... (a) (a) after the definition of “Charter of Fundamental Rights” insert— . ......
  • The Audiovisual Media Services Regulations 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union of 7 ......
  • Law Derived from the European Union (Wales) Act 2018
    • Wales
    • 1 de Enero de 2018
    ...... Welsh Ministers must seek to continue the rights, powers, liabilities, obligations, restrictions, ... general principles of EU law and the Charter of Fundamental Rights, and . (b) (b) having ......
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Books & Journal Articles
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Law Firm Commentaries
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