Public Law (LL106) - Human Rights Act Jurisprudence
Contents
1. Section 2
1.1. Duty to take ECtHR case law into account
1.2. Differing views on whether UK courts are bound by it
1.3. When should courts not follow Strasbourg?
1.4. Can courts expand upon Strasbourg rights?
2. Section 3
2.1. The provisions of s.3
2.2. How far are courts allowed to go in reinterpreting legislation?
2.3. How do you determine parliamentary intention?
3. Section 4
3.1. What are declarations of incompatibility?
3.2. When and how are declarations used?
3.3. What is the role of declarations of incompatibility?
4. Section 6
4.1. The basics of the section 6 duty and its enforcement
4.2. Definition of a ‘public authority’
4.3. The victim requirement
5. Section 8
5.1. Remedies under section 8
5.2. Notes
6. Deference
6.1. Deference and the discretionary area of judgment
6.2. The debate on whether defence is expected of the courts
6.3. The impact of the Denbigh
7. Case Notes
Contents
1. Section 2
1.1. Duty to take ECtHR case law into account
1.2. Differing views on whether UK courts are bound by it
1.3. When should courts not follow Strasbourg?
1.4. Can courts expand upon Strasbourg rights?
2. Section 3
2.1. The provisions of s.3
2.2. How far are courts allowed to go in reinterpreting legislation?
2.3. How do you determine parliamentary intention?
3. Section 4
3.1. What are declarations of incompatibility?
3.2. When and how are declarations used?
3.3. What is the role of declarations of incompatibility?
4. Section 6
4.1. The basics of the section 6 duty and its enforcement
4.2. Definition of a ‘public authority’
4.3. The victim requirement
5. Section 8
5.1. Remedies under section 8
5.2. Notes
6. Deference
6.1. Deference and the discretionary area of judgment
6.2. The debate on whether defence is expected of the courts
6.3. The impact of the Denbigh
7. Case Notes
