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Essential Cases: Public Law

Essential Cases: Public Law (3rd edn)

Thomas E. Webb
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date: 20 May 2022

Handyside v United Kingdom (1979–80) 1 EHRR 737, European Court of Human Rightslocked

Handyside v United Kingdom (1979–80) 1 EHRR 737, European Court of Human Rightslocked

  • Thomas E. WebbThomas E. WebbLecturer 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 Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

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