Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary and questions from author Thomas Webb.
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Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights
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A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary and questions from author Thomas Webb.
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A v BBC (Scotland) [2014] UKSC 25, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A v BBC (Scotland) [2014] UKSC 25, Supreme Court. This case concerned whether a court order granting anonymity to a convicted and deported foreign national sex offender could remain in place, notwithstanding objections from BBC (Scotland). In answering the question, the Court articulated what it referred to as the common law principle of open justice, which is the focus of this case note. The document also includes supporting commentary and questions from author Thomas Webb.
