Public Human Rights

  1. Malone v UK
    Limitations on qualified rights must accessible (in published form) and sufficiently precise to enable citizen to regulate his or her conduct.

    In this case, English law on telephone tapping was not precise enough to provide a sufficient legal basis for a limitation on the right to respect for private life.
  2. R v Handyside
    The state is allowed a 'margin of appreciation' in judging what is necessary in a democratic society.

    Where Convention is unclear ECtHR will respect the judgment of a member state as to what the public interest requires.
  3. R v Dudgeon
    The qualities of a 'democratic society' include tolerance of minority opinions and lifestyles. So the fact that a majority in a state opposes homosexuality does not excuse a law which criminalises homosexual conduct in private contrary to Article 8.
Card Set
Public Human Rights
Public Human Rights