Flashcards in Difficult Public Deck (17)
Ghaidan v Godin-Mendoza
Section 3 of the Human Rights Act 1998 allowed a housing statute referring to "husband" or "wife" of the deceased to refer to homosexual partners
The court will look at Parliamentary intention in deciding whether a statutory provision is mandatory or directory
The courts can refuse a claim that happens within 3 months if there is no good reason for a delay
Claims should launched "without undue delay"
s31(6) of the Senior Courts Act 1981
Claims should launched within three months
The Belmarsh Case
The court made a declaration of incompatibility under s4 of the HRA 1998. Ruled that the Anti Terrorism Act 2001 was irreconcilable with Article 14 of the ECHR
Tabernacle v SoS for Defence
A peaceful camp protested outside a nuclear power plant. A byelaw banned them from doing so. This byelaw was found to be in contravention of Article 10 and 11 rights.
There are three prerogative orders. Name them:
1. Mandatory order
2. Prohibitory order
3. Quashing order
In what case was it found that there is no hierachy of qualified rights?
In what case was a man who attempted suicide's rights infringed?
Peck v UK
Wood v Metropolitan Police
It was found that the retention of photos from an arms protest engaged Article 8 rights and was not proportionate under 8(2).
A-G v NGN
The proceedings must create a "substantial risk of prejudice"
What does Lady Hale say about balancing Articles 8 ad 10?
This involves looking first at the comparative importance of the actual rights being claimed in the individual case;
Then at the justifications for interfering with or restricting each of those rights; and applying the proportionality test to each.
Lord Steyn in ex partei Simms
Freedom of speech is the lifeblood of democracy
Vonn Hannover v Germany
Pictures of Princess Caroline shopping did engage her article 10 rights as there was not a "debate of public interest" at stake
What is the test in Daly?
The proportionality test.
1. The legislative objective must be sufficiently important to justify limiting a right
2. The measures must be designed to meet the object rationally
3. The means used to impair the right should go no further than is necessary