Human Rights

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  • Created by: Edward
  • Created on: 29-02-16 12:36
Ghaidan v Godin-Mendoza (2004)
Lord Nicholls: Parl recognises that the courts cannot achieve Convn compliance in all cases – tyo do otherwise would be to cross the const’l boundary s 3 seeks to demarcate and preserve
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Ghaidan v Godin-Mendoza (2004)
HL could see no legit justification for this diff in treatment and reinterpreted Rent Act provn so as to give equal rights to all couples
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Harrow LBC v Qazi (2004)
Art 8 = concerned with rights to privacy and does not e.g. prevent eveiction of an in by an owner of land
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Chapman v UK (2001)
Art 8 does not require the state to offer security of tenure to a surviving relative of a tenant nor does it offer a right to be provided with a home
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Kay v Lambeth LBC (2006)
Rights given under domestic law cannot be defeated simply by some pleading of an ind’s personal plight
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National Westminster Bank v Malhan (2004)
Art 8 does not prevent overreaching of a beneficial interest by a mortgagee
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HRA 1998, s 3
Domestic legn must be interpreted so far as it is possible to do so in a fashion that is compatible with the Convn rights
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HRA 1998, s 4
Power of dec of incompatibility
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HRA 1998, Art 1, Protocol 1
Contains a guarantee of prop rights (i.e. substantive rights) by offering: freedom from arbitrary deprivation of possns; freedom from unjustified controls on use of prop; peaceful enjoyment of possns
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HRA 1998, Art 6
Offers a right to a fair trial of e.g. property disputes
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HRA 1998, Art 8
Gives a right to respect for a person’s home and family life
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HRA 1998, Art 14
Offers freedom from discrimination in the exercise of Convention rights
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Card 2

Front

HL could see no legit justification for this diff in treatment and reinterpreted Rent Act provn so as to give equal rights to all couples

Back

Ghaidan v Godin-Mendoza (2004)

Card 3

Front

Art 8 = concerned with rights to privacy and does not e.g. prevent eveiction of an in by an owner of land

Back

Preview of the back of card 3

Card 4

Front

Art 8 does not require the state to offer security of tenure to a surviving relative of a tenant nor does it offer a right to be provided with a home

Back

Preview of the back of card 4

Card 5

Front

Rights given under domestic law cannot be defeated simply by some pleading of an ind’s personal plight

Back

Preview of the back of card 5
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