Blogs about: Margin Of Appreciation

Featured Blog

Myths and Realities about Equal Marriage

The Marriage (Same Sex Couples) Bill is back before Parliament today for the “Report Stage”. The latest version of the Bill is here, updated explanatory notes here, and the full list of pr… more →

UK Human Rights Blog

Myths and Realities about Equal Marriage — 2 comments

Adam Wagner wrote 2 hours ago: The Marriage (Same Sex Couples) Bill is back before Parliament today for the “Report Stage … more →

Tags: Art. 12 - Right to Marry / Found Family, Discrimination, Family, In The News, Politics / Public Order, an Rights, Gay Marriage, Human Rights

Planning policy versus the UN rights of the child — 1 comment

David Hart QC wrote 1 month ago: Stevens v. Secretary of State for Communities & Local Government, Hickinbottom J, 10 April 2013 … more →

Tags: Art. 8 | Right to Privacy/Family, Case comments, Children, Environment, European, In The News, INTERNATIONAL, article 3 UNCRC, Green Belt

4 slaughterhouses hit high fives: Article 6(1) breaches found — 2 comments

David Hart QC wrote 1 month ago: Julius Kloiber Schlachthof GMBH and others v. Austria, ECtHR, 4 April 2013, read judgment These ECtH … more →

Tags: In The News, Agriculture, animals, Environment, Art. 6 (Right to Fair Trial), Case comments, Protocol 1 Art. 1 | Peaceful enjoyment of property, Slaughterhouses, article 6 criminal

Damages for death and human rights — 5 comments

David Hart QC wrote 2 months ago: Swift v. Secretary of State for Justice, Court of Appeal, 18 February 2013 – read judgment … more →

Tags: In The News, Damages, Family, Personal Injury, Art. 8 | Right to Privacy/Family, Art. 14 - Anti-Discrimination, Case comments, Discrimination, Fatal Accidents Act

Is the margin of appreciation something that domestic courts should be applying?

Mark Elliott wrote 2 months ago: I am working on some online updates for my Administrative Law book at present. In the course of doin … more →

Tags: Deference, human rights, HRA 1998, ECHR

Doctrine of Margin of Appreciation in the Article 8 Jurisprudence of the European Court of Human Rights

Tina Tskhvediani wrote 3 months ago:   I.       Introduction The doctrine of margin of appreciation is one of the most significant interp … more →

Tags: European Court of Human Rights, Article 8

Freedom of Religion in Public Schools: Strasbourg Court v. UN Human Rights Committee — 1 comment

Saïla Ouald Chaib wrote 3 months ago: In a recent decision, the Human Rights Committee of the UN found a violation of the right to freedom … more →

Tags: Freedom of Religion, Minority Rights, Prohibition of discrimination

Have human rights hijacked the language of morals? - and other questions: Laws — 3 comments

Rosalind English wrote 5 months ago: Lord Justice Laws’ Inaugural Lecture at Northumbria University, 1 November 2012 – read h … more →

Tags: In The News, Access to Justice, Human Rights, Article 8, proportionality, judicial deference, duties, Entitlement, Morality

Human rights and the UK constitution (or, why turkeys don't vote for Christmas) — 16 comments

Adam Wagner wrote 7 months ago: The British Academy have today published a very interesting new report by Colm O’Cinneide considerin … more →

Tags: In The News, Politics / Public Order, Bill of Rights, Human Rights, Human rights and the UK constitution

The UK and Strasbourg: a victim fantasy — 10 comments

Andrew Tickell wrote 8 months ago: Rhubarb, rhubarb. Another defeat for the United Kingdom in Strasbourg yesterday. In James, Wells and … more →

Tags: In The News, Politics / Public Order, prisons, European, Art. 5 (Right to Liberty), Strasbourg

Religious freedom in UK to be considered by Strasbourg Court — 5 comments

Rosalind English wrote 8 months ago: Macfarlane and others v United Kingdom (ECHR 329 (2012) – read press release Tomorrow the Stra … more →

Tags: In The News, Employment, Art. 9 | Thought/Conscience/Religion, Art. 14 - Anti-Discrimination, Discrimination, Religion, Crucifix, Human Rights, European Court of Human Rights

"Locked-in" sufferer's challenge to ban on voluntary euthanasia fails in the high court — 9 comments

Rosalind English wrote 9 months ago: The Queen(on the application of Tony Nicklinson) v Ministry of Justice [2012] EWHC 2381 (Admin) … more →

Tags: Art. 2 (Right to life), Art. 6 (Right to Fair Trial), Art. 8 | Right to Privacy/Family, Case Summaries, Discrimination, features, In The News, Medical, Assisted Suicide

When human rights hit the private law of damages for death — 3 comments

David Hart QC wrote 10 months ago: Swift v. Secretary of State for Justice [2012] EWHC 2000 (QB) Eady J, read judgment This decision in … more →

Tags: Art. 14 - Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Damages, Discrimination, Family, In The News, Personal Injury, Fatal Accidents Act

Alien poster campaign's anti-religious message — 10 comments

Rosalind English wrote 10 months ago: Updated | Mouvement Raëlien Suisse v Switzerland [2012] ECHR 1598 (13 July 2012) - read judgment Thi … more →

Tags: Art. 10 - Freedom of Expression, Case comments, Freedom of Information, In The News, Religion, Religion, Freedom of Expression, Scientific Atheism, content neutrality

Locals' Olympic missile site challenge rejected — 9 comments

David Hart QC wrote 10 months ago: Harrow Community Support Ltd v. Secretary of State for Defence [2012] EWHC 1921 (Admin), Haddon-Cave … more →

Tags: In The News, Environment, Art. 8 | Right to Privacy/Family, Terrorism, Case comments, Case Law, Protocol 1 Art. 1 | Peaceful enjoyment of property, prerogative powers, Olympics

Courts should take note of Strasboug's doctrine of deference — 2 comments

Rosalind English wrote 10 months ago: R(on the application of S and KF) v Secretary of State for Justice [2012] EWHC 1810 (Admin)- read ju … more →

Tags: Case Summaries, In The News, prisons, Property, Art. 14 - Anti-Discrimination, Case comments, Art. 7 | Retrospective Punishment, Protocol 1 Art. 1 | Peaceful enjoyment of property, Discrimination

Hunting, animals, and the evolving landscape of rights

Rosalind English wrote 10 months ago: Herrmann v Germany (Application no. 9300/07) 26 June 2012 – read judgment The Grand Chamber of … more →

Tags: Agriculture, animals, Art. 14 - Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Case comments, Environment, European, In The News, Property

Scoppola v. Italy (no. 3): The Grand Chamber faces the “constitutional justice vs. individual justice” dilemma (but it doesn’t tell) — 2 comments

Guest Blogger wrote 11 months ago: This guest post was written by Cesare Pitea, Researcher in International Law (Faculty of Law) and As … more →

Tags: Right to Free Elections, Grand Chamber, Scoppola v. Italy (No. 3)

Hate speech and the meaning of "unacceptable behaviour"

Matthew Flinn wrote 1 year ago: Raed Mahajna v Secretary of State for the Home Department IA/21/21631/2011 – read judgment 1 Crown O … more →

Tags: Art. 10 - Freedom of Expression, Case Summaries


Related Tags
All →

Follow this tag via RSS