GDL Law Notes GDL English Legal System Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year....
The following is a more accessible plain text extract of the PDF sample above, taken from our GDL English Legal System Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
_______________________________________________________
Introduction to human rights
Traditional view in Britain that our human rights were residual i.e. that which is left after taking into account lawful limitations
The doctrine of residual freedoms was producing manifest injustice
Malone v Metropolitan Police Commissioner 1979; no law was found to justify phone tapping, but none found to explicitly prevent phone tapping, so it was lawful, though clearly a breach of a commonly held belief in the right to personal privacy
Human Rights Act 1998 came into force in October 2000
Made ECHR part of UK law
ECHR drawn up by Council of Europe (47 members) and signed in Rome in 1950
UK refused to incorporate for many years until 1998
Member states may decline duty to carry out obligations in time of war
Human Rights:
Art. 2 Right to life
Art. 3 freedom from torture, inhuman or degrading treatment
Art. 4 freedom from slavery or forced labour
Art. 5 right to liberty and security of person
Art. 6 right to a fair trial
Art. 7 prohibition of retrospective criminal laws
Art. 8 right to privacy
Art. 9 freedom of thought, conscience and religion
Art. 10 freedom of expression (with restrictions)
Art. 11 freedom of peaceful assembly and right to join a trade union
Art. 12 right to marry and have a family
Art. 14 right to enjoy these rights without discrimination
First Protocol:
Art. 1 right to peaceful enjoyment of one's possessions
Art. 2 right to education
Art. 3 right to free elections
Institutions:
ECtHR in Strasbourg
47 judges
Any contracting state or individual claiming to have been violated by a contracting state can apply directly to Strasbourg, which is subdivided:
Committees of 3 judges
Chambers of 7 judges
Grand Chambers of 17 judges
Upon deciding that a member state is in breach, it can issue compensation or other 'just satisfaction'
Effect of Human Rights Act 1998:
S.2: domestic courts 'must take into account' any relevant Strasbourg jurisprudence
S.6: Unlawful for public authorities to contravene Convention rights - vertical effect
YL v Birmingham City Council 2007: the principle that a private body will be regarded as a public authority if it performs function of a public nature. This is on a case-by-case basis. In this case, a care home was not held to be a public authority because its powers were not great enough
Limited horizontal effect:
Douglas v Hello! 2001: Convention rights treated as relevant to the case despite it being between private parties
Limited retrospective effect
R v Lambert 2001: no retrospective effect
Wilson v Secretary of State for Trade and Industry: HL principle that some provisions of HRA can have retrospective effect if it would not be unfair to either party
Acts that are not compatible with Convention rights are, importantly, STILL VALID
However higher courts can issue a declaration of incompatibility which the legislature can them amend if it so wishes
Commission for Equality and Human Rights
Equality Act 2006 contained provisions for new commission
Replaced Commission for Race Equality, Disability Rights Commission & Equal Opportunities Commission
Charged with monitoring the operation of ECHR in...
Buy the full version of these notes or essay plans and more in our GDL English Legal System Notes.
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year....
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started