Fact, opinion, and the human rights act 1998: does English law need to modify its definition of 'statements of opinion' to ensure compliance with article 10 of the European convention on human rights?

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

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1. Introduction, principles, and key concepts

Evidence Concentrate ◽

10.1093/he/9780198840633.003.0001 ◽

2019 ◽

pp. 1-9

Author(s):

Maureen Spencer ◽

John Spencer

Keyword(s):

Human Rights ◽

European Convention ◽

Key Concepts ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Law ◽

Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It reviews Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

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RIGHTS AND FUNDAMENTAL RIGHTS IN ENGLISH LAW

The Cambridge Law Journal ◽

10.1017/s0008197315000987 ◽

2016 ◽

Vol 75 (1) ◽

pp. 86-108

Author(s):

Philip Sales

Keyword(s):

Human Rights ◽

Public Law ◽

Fundamental Rights ◽

European Convention ◽

Private Law ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law

AbstractThis paper examines the role of rights and fundamental rights in English public law and private law in recent times. It argues that the idea of fundamental rights has been more significant in the filed of public law and seeks to explain why. It compares the operation of domestic fundamental rights with the rights in the European Convention of Human Rights and suggests a methodology for identifying the existence and scope of the former. The paper considers the possible legal effects which might follow from repeal of the Human Rights Act 1998.

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3. Sources of English Law

Introduction to Business Law ◽

10.1093/he/9780198766261.003.0003 ◽

2017 ◽

Author(s):

Lucy Jones

Keyword(s):

Human Rights ◽

Case Law ◽

European Convention ◽

Eu Law ◽

The European Union ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Uk ◽

The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter discusses the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

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What is Land Law?

Land Law ◽

10.1093/oso/9780198854067.003.0001 ◽

2020 ◽

pp. 1-14

Author(s):

Elizabeth Cooke

Keyword(s):

Human Rights ◽

European Convention ◽

Competing Values ◽

Land Law ◽

Real Property ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Definition Of ◽

The Impact ◽

Domestic Law

This chapter begins with some fundamental questions: what is property? what is real property? what is land? and what are property rights? The chapter looks at the definition of land as provided in section 205(1)(ix) of the Law of Property Act 192. It explores the impact of the European Convention on Human Rights, brought into our domestic law by the Human Rights Act 1998. The tensions and themes of land law are introduced, in particular the tension between static and dynamic security and the notion that land law is a struggle between competing categories of rights and competing values.

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The Application of the Human Rights Act 1998 to Public Authorities and Private Bodies

The Cambridge Law Journal ◽

10.1017/s0008197399001087 ◽

1999 ◽

Vol 58 (1) ◽

pp. 159-170 ◽

Cited By ~ 7

Author(s):

Nicholas Bamforth

Keyword(s):

Human Rights ◽

Judicial Review ◽

Public Authority ◽

European Convention ◽

Eu Law ◽

Public Authorities ◽

Public And Private ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Definition Of

THE Human Rights Act 1998 applies only to “public authorities”. This article begins by examining the Act's definition of a “public authority” and how this will interact with existing distinctions between public and private law in domestic judicial review and EU law. It is then argued that the Act may, through two different routes, have a limited horizontal impact between private bodies – although certain technical obstacles will need to be overcome. The article considers, finally, the operation between private bodies of the requirement that legislation be interpreted as far as possible in accordance with the European Convention on Human Rights.

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3. Sources of English Law

Introduction to Business Law ◽

10.1093/he/9780198824886.003.0003 ◽

2019 ◽

pp. 41-74

Author(s):

Lucy Jones

Keyword(s):

Human Rights ◽

Case Law ◽

European Convention ◽

Eu Law ◽

The European Union ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Uk ◽

The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter outlines the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU and the likely impact of the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

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17. Freedoms and liberties in the UK

10.1093/he/9780198810704.003.0017 ◽

2018 ◽

Author(s):

Neil Parpworth

Keyword(s):

Human Rights ◽

Civil Liberties ◽

European Convention ◽

Bill Of Rights ◽

Economic Rights ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Uk

This chapter discusses the protection of freedoms and liberties in the UK. It begins by distinguishing between human rights and civil liberties. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered.

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The European Convention on Human Rights Act 2003 – Ten Years On

International Human Rights Law Review ◽

10.1163/22131035-00301004 ◽

2014 ◽

Vol 3 (1) ◽

pp. 61-96

Author(s):

Ronagh JA McQuigg

Keyword(s):

Human Rights ◽

The State ◽

European Convention ◽

General Level ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Impact ◽

The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

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R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords

10.1093/he/9780191926440.003.0037 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

United Kingdom ◽

European Convention ◽

The United Kingdom ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Home Department ◽

Editorial Decisions

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary from author Thomas Webb.

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