Act passed because ECtHR decided common law contempt illegally removed Article 10; Freedom of Expression.
Lord Ackner on R v Secretary of State ex p. Brind: ‘The treaty, not having been incorporated into British law, can not be a source of rights and obligations and the question-did the Secretary of State act in breach of Article 10-does not therefore arise.’
To impose a duty under Art. 10: ‘would be to incorporate the convention into domestic law by the back door’
Derbyshire County Council v Times Newspapers: Judge stated: there were limited circumstances where the ECHR could be used in the UK courts.
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