defences to protect free speech is thus essential. ■ The question refers to protection in domestic law, but it is permissible to use cases from the European Court in order to examine
Chapter
10. Freedom of Expression
Chapter
8. Freedom of assembly and association
(2016). Case law examples: association Restrictions on political parties are closely scrutinised as the right to associate as a political party is essential to pluralism and
Chapter
5. Right to liberty and right to fair trial
circumstances of the case. Any final judgment made in a case should be irreversible ( Brumarescu v Romania (1999) ). Looking for extra marks? There are many cases on these issues
Chapter
1. Exam Skills for Success in Human Rights and Civil Liberties Law
phrase as ‘in a decided case’ or ‘in the recent detention without trial case’. Note, as many exams are now online and open book, you will be expected to cite case names etc., although
Chapter
7. Freedom of religion and expression
. In both cases, the court found no discrimination. However, the ECtHR has found that in Eweida’ s case, there was a violation of Article 9 but not in Ladele’ s case. (See ‘ Religious
Chapter
12. Skills for Success in Coursework Assessments
Dying Bill. The case law of both the domestic and Strasbourg courts is essential in addressing the question: Pretty , Purdy , Nicklinson , and Conway. These cases will identify all
Chapter
5. The Right to Life
5 The author deals with the issue on the use of fatal force, outlining the essential principles and cases. In McCann , three IRA terrorists were shot dead by SAS officers when it
Chapter
7. Due Process, Liberty and Security of the Person, and the Right to a Fair Trial
authorities, particularly in cases of suspected terrorism ( Öcalan v Turkey (2005) 41 EHRR 45 ), although it has been held that this should not undermine the essential safeguards provided by
Chapter
9. The Right to Private Life
these cases, it is essential that such practices are only carried out with proper legal safeguards which restrict their use and which provide the individual with a remedy in cases of their
Chapter
3. The European Convention on Human Rights
stance is illustrated through the case of Lawless and is then supplemented by a further example of deference in the Brannigan case. In that case, the Court also stressed that it
Chapter
4. The Human Rights Act 1998
of the Convention and its case law. Although the courts are not bound to follow such case law, it is expected that they will do so and thus decide cases in a manner more akin to the
Chapter
11. Freedom of Religion, Association, and Peaceful Assembly
discretion has been given in cases where the employee refuses to carry out instructions which conflict with their religious beliefs but which are essential in terms of promoting equality
Chapter
8. Prisoners’ Rights
specifically, to cases brought against the UK, so ensure that you highlight the impact of such cases on UK prison law and practice. However, you can refer to other cases that establish
Chapter
2. Nature and Enforcement of Human Rights and Civil Liberties
of constitutional, legal, and moral dilemmas that arise from those methods. ● The essential elements of legality in controlling the violation of human rights, such as necessity and
