Chapter 6 Notes on key legislation
Reasons: process and substance
- Section 3 outlines the interpretive obligation.
- Section 4 gives courts the power to make declarations of incompatibility.
- Section 6(1) provides that it is unlawful for a public authority to act incompatibly with a Convention right.
- Schedule 1 outlines the Articles.
European Convention on Human Rights
- Article 5(2) provides there must be reasons given for an arrest.
- Article 6 (right to a fair trial) involves a duty to give reasons, according to the Strasbourg jurisprudence.
- Article 15(3) provides that governments must give reasons for emergency derogation measures
EC Treaty (‘Treaty of Rome’, Consolidated Version)
- Article 253 outlines the obligation of Community institutions to give reasons for their regulations, directives and decisions.