R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords
R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords
- Thomas E. WebbThomas E. WebbSenior Lecturer in Law, Lancaster University
Abstract
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary and questions from author Thomas Webb.
