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#human-rights #public

Question

Strasbourg declared in Gillan and Quinton v UK (2010) 50 EHRR 45 that:

'For domestic law to meet these requirements [in Sunday Times] it must afford a measure of legal protection against arbitrary interferences by public authorities with the rights safeguarded by the Convention. In matters affecting fundamental rights it would be contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate [...] conferred on the competent authorities and the manner of its exercise.'

Answer

with sufficient clarity the scope of any such discretion

Tags

#human-rights #public

Question

Strasbourg declared in Gillan and Quinton v UK (2010) 50 EHRR 45 that:

'For domestic law to meet these requirements [in Sunday Times] it must afford a measure of legal protection against arbitrary interferences by public authorities with the rights safeguarded by the Convention. In matters affecting fundamental rights it would be contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate [...] conferred on the competent authorities and the manner of its exercise.'

Answer

Tags

#human-rights #public

Question

Strasbourg declared in Gillan and Quinton v UK (2010) 50 EHRR 45 that:

'For domestic law to meet these requirements [in Sunday Times] it must afford a measure of legal protection against arbitrary interferences by public authorities with the rights safeguarded by the Convention. In matters affecting fundamental rights it would be contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate [...] conferred on the competent authorities and the manner of its exercise.'

Answer

with sufficient clarity the scope of any such discretion

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contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate <span>with sufficient clarity the scope of any such discretion conferred on the competent authorities and the manner of its exercise.' <span><body><html>

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Summary

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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