Human Rights Constitutional Principles Notes
This is a sample of our (approximately) 5 page long Human Rights Constitutional Principles notes, which we sell as part of the Comparative Public Law Notes collection, a 70 package written at Oxford in 2016 that contains (approximately) 465 pages of notes across 109 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Human Rights Constitutional Principles Revision
The following is a plain text extract of the PDF sample above, taken from our Comparative Public Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Human Rights & Constitutional Theory EU & UK - both different from paradigm model No constitutional bill of rights enabling JR of legislation
UK - Commonwealth model of human rights protections o Sources
HRA - incorporates ECHR rights
Common law o Courts do not determine scope of human rights o Pre-legislative scrutiny for human rights o No "British" Bill of Rights - HRA merely implements ECHR o HR protection by common law
EU - o Sources
EU Charter of Fundamental Rights & Freedoms
General principles of law - developed by Courts
(Appear to reflect each other) o BUT not part of EU Treaty - lost vote o TFEU makes clear that Charter has same status as treaties o Charter reflects ECHR (although adds some of its own) o Not a signatory to ECHR but has drafted agreement showing basis of proposed accession o Not a State - adds dimension - rights as against EU Institutions / EU States
Interpretation of rights may differ
France o Moved from pre-legislative to post-legislative scrutiny UK HRA 1998
Interpretive principle: s 3 o Fairly liberally applied by reading words down/in - more liberal than Australia o Limit - no contradiction of 'fundamental feature of legislation'; no contradiction of clear words o Still some deference where parliament better equipped - eg transgender marriages should be dealt with by Parliament
Declarations of incompatibility: s 4 o But discretionary: see Nicklinson v Ministry of Justice  UKSC 48 (no need to make declaration
- assisted suicide & right to life)
****************************End Of Sample*****************************
Buy the full version of these notes or essay plans and more in our Comparative Public Law Notes.