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GDL Law Notes GDL English Legal System Notes

Remedies For Infringement Of Human Rights Notes

Updated Remedies For Infringement Of Human Rights Notes

GDL English Legal System Notes

GDL English Legal System

Approximately 103 pages

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Remedies for infringement of human rights

  • Rights are only worthwhile if there are adequate remedies for their enforcement.

    • Some of the main remedies available in English law for unlawful infringement of basic rights are the subject of this chapter.

  • Judicial review

    • Where a public body acts illegally a remedy may be available through the procedure of judicial review.

  • Habeas corpus

    • Habeas corpus is an ancient remedy which allows people detained to challenge the legality of their detention and, if successful, get themselves quickly released.

  • Civil action for negligence

    • Where a public body breaches a person’s rights it may be sued in the civil courts.

  • Compensation

    • If there has been a miscarriage of justice an award of compensation can be made by the state under s. 133 of the Criminal Justice Act 1988.

  • The Human rights act 1998

    • Claimants may be entitled to compensation for breach of the European Convention.

  • Criminal proceedings

    • Criminal proceedings may be brought for false imprisonment or assault, if necessary by means...

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