The English Legal System 7th Edition (J Martin)

Human rights

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  • Created on: 08-10-14 17:52
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  • The English Legal System 7th Edition (J Martin)
    • Article eight states that every person has the right to resect of his private and family life, his home and his correspondence.
    • Prior to the Human Rights Act, there was no general right in English law to privacy.
    • In the past there have been many people with a high public profile, such as the royal family, sports personalities, film and television stars have suffered from media intrusion into their private lives.
    • In Douglas and others v Hello! Ltd (2001) the Court of Appeal had to consider whether there was a breach of Article eight when Hello! magazine published unauthorised pictures of the wedding of Michael Douglas and Catherine Zeta-Jones. The court stated it had to be balanced against the right to freedom of expression under Article ten.
    • Article eight is wide in application, as seen in Hatton v United Kingdom (2001). In this case the European Court of Human Rights ruled that the increase in the level of noise caused by aircraft using Heathrow airport was a breach
    • The Act provides that a person whose rights are violated by a public authority may bring proceedings against that authority. A court can award damages only if it is satisfied that is it necessary 'to afford just satisfaction'.
    • 47 member states of the European Union.

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