Human Right Jurisprudence

Question 1

Klug, Hickman

Answer 1

More s4, fewer s3 - dialogue, transparency, PS

Question 2

Kavanagh

Answer 2

Judges use same test in different ways - Ghaidan, Nicklinson, R v A
Presumed P Intention - J keen to emphasise limits of own creativty

Question 3

HRA 1998

Answer 3

2: must take account of Strasbourg
3: interpretative duty as far as possible
4: DOI
6: public bodies act in compliance
8: remedies
10: fast track legislative procedure

Question 4

Pinnock 2010

Answer 4

S2

Dialogue - clean line - no inconsistency

Question 5

Ullah 2004

Answer 5

FLOOR

Open to provide more rights - not by judiciary

Question 6

Re P 2008

Answer 6

S2 - more than only keep peace

N IR - Adopt only if marries - NO!

Question 7

Ghaidan v Godin Mendoza

Answer 7

S3 not possible = S4
Go against grain/ Decision-maker not equipped
Same Sex

Question 8

Wilkinson 2005

Answer 8

S3
Widower tax allowance - rejected
Incompatible - statute aim

Question 9

Nicklinson

Answer 9

Could S4 DOI but matter for P

Inherently legislative

Question 10

Campbell v MGN 2004

Answer 10

Photos - A8 & A10 - now part of breach of confidence

Question 11

Aston Cantlow 2003

Answer 11

S6

Body whose nature is governmental

Question 12

YL v Birmingham CC

Answer 12

s6

Private Care Home - contractual

Question 13

Dudgeon v UK

Answer 13

Victim requirement - gay man claim against criminal homosexuality - allowed even if not prosecuted himself

Question 14

Begum

Answer 14

Qualified rights

Prescribed by law + necessary

Question 15

Bhajan Singh

Answer 15

COMMON LAW RIGHTS

Take convention into account - interpret

Question 16

Phansapkar

Answer 16

COMMON LAW RIGHTS

Basic Rights

Question 17

McQuillan

Answer 17

COMMON LAW RIGHTS

EU going same direction with common law rights

Question 18

BBC 1981

Answer 18

COMMON LAW RIGHTS

Comm Law alive even where convention rights are applicable

Question 19

Ex P Simms

Answer 19

COMMON LAW RIGHTS
HR not detract from PS
Fundamental rights cannot be overriden by mistake

Question 20

Kennedy 2015

Answer 20

COMMON LAW RIGHTS
Freedom of Info App - common law has the rights dimension and scrutiny
TOUSLON: HRA ‘baleful and unnecessary tendency to overlook the common law’

Question 21

James Rhodes

Answer 21

COMMON LAW RIGHTS
Stop book from being published
Argue intentional infliction of shock
Avoid HRA

Question 22

Sunday Times v UK

Answer 22

EUROPEAN CONVENTION

Property Test

Question 23

Malone

Answer 23

EUROPEAN CONVENTION

Phone Tapping - no right prior

Question 24

Halford v UK

Answer 24

EUROPEAN CONVENTION

Officer dismissed - phone listened - office = ok

Question 25

HL v UK

Answer 25

EUROPEAN CONVENTION | Not 100% crazy = cannot be kept in home

Question 26

Goodwin v UK 2002

Answer 26

EUROPEAN CONVENTION | Transexual treated like man = rights infringed

Question 27

Sahin 2005

Answer 27

EUROPEAN CONVENTION | Headscarf ban - freedom not violated

Question 28

R v Gul 2013

Answer 28

TERRORISM | YT video - vague definition of terrorist but security oriented

Question 29

Beghal 2015

Answer 29

TERRORISM Visit husband in jail = stopped Security of realm - proportionate

Question 30

Carlile 2014

Answer 30

TERRORISM | Deny entry to iranian dissident - expertise of the executive

Question 31

Chahal v UK 1996

Answer 31

TERRORISM | Prevent UK from expelling foreigners who would be killed in their countries

Question 32

A v SoS 2004

Answer 32

TERRORISM | Belmarsh - DOI

Question 33

Alconbury 2001 UKHL

Answer 33

S2 | Follow constant and clear jurisprudence

Question 34

Ullah 2004

Answer 34

S2 | Mirror Rule - keep peace with C - Ceiling and floor

Question 35

SSHD v AF (no 3) 2009

Answer 35

S2 | 'Strasbourg has spoken, the case is closed'

Question 36

Pinnock 2010

Answer 36

S2 | Follow clear and constant jurisprudence - not if wrong

Question 37

Homecastle

Answer 37

S2 | Dialogue - Told S it got UK law wrong in Al Khawaja