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 covers the four main canons of statutory construction relevant to the protection of human rights, examining the case law and principles so that legislation drafters can ensure new legislation is drafted in accordance with these principles.
Determining whether a decision on point in a case is within the competence of the legislature or executive is aided by both judicial deference, or the weight given to the views of Parliament and executive as to proportionality of the interference, and margin of appreciation, or the leeway enjoyed by member states to evaluate local needs and conditions impacting on implementing human rights.
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 Practice Note examines the combined effect of key terrorism legislation, explaining the powers conferred on the government to protect the UK from terrorism and the interaction with criminal law and human rights.
This Practice Note outlines the scope and content of the statutory duty on certain public authorities to have due regard for the need to prevent people from being drawn into terrorism in the exercise of their functions (known as the ‘Prevent duty’). It covers the duty in the context of the government’s overall counter-terrorism strategy (CONTEST) and the Prevent strategy. It also considers the application of the duty to local authorities, schools, childcare providers, the health sector, prisons, probation and the police.
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