This Practice Note provides a toolkit for defending a human rights challenge. It identifies the type and scope of human rights under the European Convention on Human Rights (ECHR) and the Human Rights Act 1998, and considers the relevant duties and process under the UK legislation, with reference to key definitions, principles and defences.
This Practice Note outlines the main canons of statutory construction relevant to the protection of human rights in UK law, examining the relevant case law and principles so that legislation drafters can ensure new legislation is drafted in accordance with these principles.
This Practice Note considers the doctrines of judicial deference and the margin of appreciation in the context of human rights law. Judicial deference (the weight given to the views of Parliament and executive as to proportionality of the interference), and the margin of appreciation (the leeway enjoyed by States to evaluate local needs and conditions impacting on implementing human rights), assist in determining whether a decision on point in a case constitutes a proportionate interference with one or more Convention rights within the competence of the legislature or executive.
This Practice Note considers the law around whether the decisions in cases taken to Strasbourg are binding on the UK. It outlines how the Human Rights Act 1998 gives effect to Convention rights and the extent of the mirror principle.
This checklist provides a step by step guide to dealing with a challenge under the Human Rights Act 1998, including the defences of lawful interference with qualified rights and acting pursuant to legislation.
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