The legally binding Charter and the EU's accession to the ECHR - Consequences of Art 6 TEU for the autonomy of EU law and fundamental rights protection within Europe As far as I am concerned, it was reasonable of the Court to choose a partially autonomous interpretation of Art. 52(3) and...
references to retained EU rights and freedoms which would become redundant at the end of 2023 are replaced with references to rights under the European Convention on Human Rights (ECHR) which has been enshrined in the UK’s domestic law under the Human Rights Act 1998 Nonetheless, it was inter...
We have put our heads above the parapet, but we could not have done it alone. When deciding whether or not to challenge Derbyshire’s decision, I asked Alex and Steve if there was any potential risk that William might be treated ‘less favourably’, by the local authority, in the future...
But as a matter of establishing individual liability under the criminal law, the legal systems of the United Kingdom proceed on the basis of what is commonly termed a presumption of innocence. Thus Article 6(2) of the European Convention on Human Rights (“ECHR”) sets out th...
For example, in the case of Miss B v An NHS Trust, this necessitated transfer of the patient to another unit, where the treatment in question (namely her ongoing artificial ventilation) was subsequently withdrawn.7 Decision-making in the incapacitated patient The above is all very well for ...