Certain articles in the ECHR require that interferences made by the state to the relevant rights must be 'prescribed by law' or 'in accordance with the law'. Strasbourg has established an important test for determining this point. First, it must be shown that the interference with the Convention right has some basis in national law. The requirement that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the [ case ]case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is sufficiently clear. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a given action will entail.
Answer
Sunday Times v UK (1979-80) 2 EHRR 245
Tags
#human-rights #public
Question
Certain articles in the ECHR require that interferences made by the state to the relevant rights must be 'prescribed by law' or 'in accordance with the law'. Strasbourg has established an important test for determining this point. First, it must be shown that the interference with the Convention right has some basis in national law. The requirement that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the [ case ]case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is sufficiently clear. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a given action will entail.
Answer
?
Tags
#human-rights #public
Question
Certain articles in the ECHR require that interferences made by the state to the relevant rights must be 'prescribed by law' or 'in accordance with the law'. Strasbourg has established an important test for determining this point. First, it must be shown that the interference with the Convention right has some basis in national law. The requirement that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the [ case ]case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is sufficiently clear. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a given action will entail.
Answer
Sunday Times v UK (1979-80) 2 EHRR 245
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Open it ent that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the <span>Sunday Times v UK (1979-80) 2 EHRR 245 case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an in
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