West's (Richard) Application
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 04 May 2006 |
| Neutral Citation | [2006] NIQB 39* |
| Date | 04 May 2006 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2006 |
Neutral Citation No. [2006] NIQB 39 Ref:
DEEC5544
Judgment: approved by the Court for handing down Delivered:
04/05/2006
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY RICHARD WEST
FOR JUDICIAL REVIEW
AND
IN THE MATTER OF A DECISION OF BELFAST CITY COUNCIL
__________
DEENY J
[1] Freedom of speech is at the very heart of the freedoms essential to a
democratic society. The right to express one’s opinions, even when they are
unpopular or controversial, is an essential right of any citizen and one which
the courts should be vigilant to protect. The existing rights at common law to
freedom of conscience and of speech have been formalised by the adoption
into our domestic law of the European Convention on Human Rights, to be
found in Schedule 1 of the Human Rights Act 1998. Article 9(1) provides:
“Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom
to change his religion or belief and freedom, either
alone or in community with others and in public or
private, to manifest his religion or belief, in worship,
teaching, practice and observance.”
I observe that, of course, this right by necessary implication includes a right
not to hold religious beliefs or to hold beliefs which are contrary to the
religious beliefs of others.
[2] Article 10 of the Convention deals with freedom of expression. Article
10(1) reads:
“Everyone has the right to freedom of expression.
This right shall include freedom to hold opinions
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