Chapter 3 Notes on key legislation
Convention rights and administrative law
- Section 2 (courts must take Strasbourg jurisprudence into account)
- Section 3 (obligation of Convention-compatible interpretation)
- Section 4 (declarations of incompatibility)
- Section 6 (making conduct of a public authority ‘unlawful’ if contrary to a Convention right, unless required by/giving effect to statute)
- Section 10 (remedial orders)
- Section 19 (statements of compatibility)
- Section 21 (interpretation of Act)
- Schedule 1 (applicable articles of the European Convention of Human Rights).
European Convention on Human Rights
- Article 1 (obligation to secure Convention rights)
- Section I: Rights and Freedoms
- Articles 2 – 12 (freedoms)
- Article 13 (right to an effective remedy)
- Article 14 (non-discrimination in application of rights)
- Article 15 (ability to derogate in times of war/emergency).
- Section II: European Court of Human Rights
- Article 33 (Contracting State can bring an alleged breach to Court)
- Article 34 (right of petition of individual ‘victim’)
- Article 46 (binding force of judgments).
- Protocol No 1
- Article 1 (peaceful enjoyment of possessions)
- Article 2 (right to education).
- Protocol No 12
- Article 1 (general prohibition on discrimination).
- Article 5 lays down the principle of proportionality
- Amendments 1-10 to the US Constitution
- Note the absence of limitations on the freedoms enshrined.
Canadian Charter of Rights and Freedoms Section 1 allows for limitations of the freedoms in limited circumstances.