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100 Cards in this Set
- Front
- Back
- 3rd side (hint)
Executive branch |
Queen, prime minister and other government ministers, civil service, police and army |
Queen |
|
Legislative branch |
Queen, House of Lords, House of Commons |
Queen |
|
Judicial branch |
Queen, legally qualified judges, magistrates (non-legally qualified criminal judges) |
Queen |
|
Magna Carta 1215 |
Symbolic value as the first assertion limiting the monarch and setting out rights for individuals. Government by law, no man above law, no unlawful imprisonment |
King John's feudal lords |
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Bill of Rights 1689 |
Defined monarch-parliament relationship, removed monarch's right to arbitrarily suspend acts of Parliament, removed monarch's right to impose taxation without Parliament's consent. Freedom of speech and debates |
Regularly meeting elected parliament |
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Act of Settlement 1701 |
Altered succession rules by prohibiting Catholics from the throne and giving precedence to male heirs. Established constitutional independence of the judiciary by providing security of tenure for senior judges. |
Succession to the Crown Act 2013 removes bars for Catholics and women - needs approval by all 15 Commonwealth countries |
|
Acts of Union 1706-1707 |
United England and Scotland under a single Parliament of Great Britain. Preserved separate Scottish church and legal systems |
Great Britain |
|
Parliaments Acts 1911 and 1949 |
Altered the House of Commons - House of Lords relationship to ensure the House of Commons would prevail by enabling legislation without the consent of the House of Lords |
|
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Magna Carta 1215 |
Symbolic value as the first assertion limiting the monarch and setting out rights for individuals. Government by law, no man above law, no unlawful imprisonment |
King John's feudal lords |
|
Bill of Rights 1689 |
Defined monarch-parliament relationship, removed monarch's right to arbitrarily suspend acts of Parliament, removed monarch's right to impose taxation without Parliament's consent. Freedom of speech and debates |
Regularly meeting elected parliament |
|
Act of Settlement 1701 |
Altered succession rules by prohibiting Catholics from the throne and giving precedence to male heirs. Established constitutional independence of the judiciary by providing security of tenure for senior judges. |
Succession to the Crown Act 2013 removes bars for Catholics and women - needs approval by all 15 Commonwealth countries |
|
Acts of Union 1706-1707 |
United England and Scotland under a single Parliament of Great Britain. Preserved separate Scottish church and legal systems |
Great Britain |
|
Parliaments Acts 1911 and 1949 |
Altered the House of Commons - House of Lords relationship to ensure the House of Commons would prevail by enabling legislation without the consent of the House of Lords |
|
|
European Communities Act 1972 |
Gave legal effect to the UK's EU membership and incorporated EU law and EU legal systems into UK law. Amended to be called the Treaty on the Functioning of the European Union TFEU |
TFEU |
|
Police and Criminal Evidence Act 1984 |
Civil liberties act that provides police arrest-search-detain rights and procedural safeguards |
Abusive police powers under control |
|
Public Order Act 1986 |
Civil liberties act that limits citizen rights to hold marches and meetings in public places |
Stop IRA marches |
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Human Rights Act 1998 |
Incorporates the European Convention on Human Rights into domestic law. Marks a fundamental change in human rights protection by allowing citizens to raise alleged human rights breaches before domestic courts |
Human rights in the UK |
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Acts of devolution (e.g. Scotland Act 1998) |
Created a devolved system of government. Acts establishing a Scottish Parliament and assemblies in Wales and Northern Ireland have decentralised the process of government and given greater autonomy |
Scottish Parliament |
|
Constitutional Reform Act 2005 |
Reformed the office of the Lord Chancellor by transferring powers as head of the judiciary to the Lord Chief Justice and permitting the House of Lords to elect its own Speaker. Also provided for the creation of a Supreme Court to replace the Appellate Committee of the House of Lords, and created a new body "Judicial Appointments Commission" to oversee judge appointments. |
Supreme Court |
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Habeas corpus and individual liberty |
Individuals detained by the state have a right to have the legality thereof tested before a court. In the Belmarsh case, the House of Lords held that detaining foreign nationals indefinitely without trial was unlawful and a breach of the European Convention on Human Rights ECHR |
Belmarsh ECHR |
|
Habeas corpus and individual liberty |
Individuals detained by the state have a right to have the legality thereof tested before a court. In the Belmarsh case, the House of Lords held that detaining foreign nationals indefinitely without trial was unlawful and a breach of the European Convention on Human Rights ECHR |
Belmarsh ECHR |
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Judicial review |
The role played by the High Court in ensuring that the Government and other public bodies act within powers set by Parliament |
Courts do not review the constitutionality of legislation |
|
Royal Prerogative |
Dicey defined it as the residue of discretionary authority legally left in the hands of the Crown. It is what the Government can do without relying on Acts of Parliament |
Prerogative powers derive from the common law and are exercised in the name of the monarch |
|
Royal Prerogative |
Dicey defined it as the residue of discretionary authority legally left in the hands of the Crown. It is what the Government can do without relying on Acts of Parliament. Like going to war and firing the Prime Minister |
Prerogative powers derive from the common law and are exercised in the name of the monarch |
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Constitutional convention |
Informal rules that are considered to be binding |
Marshall and Moodie said they are binding but not enforced by law courts |
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Royal Assent convention |
Royal Assent is required for a Bill to become a valid Act of Parliament. The monarch, on advice of the Prime Minister, always assents to a Bill which has passed through Parliament |
She does every time |
|
Cabinet Manual 2010 |
Sets out constitutional conventions in a non-binding manner |
Written guidance to ministers and officials |
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Judicial independence from the executive - tenure |
The Act of Settlement 1701 and the Senior Courts Act 1981 provide security of tenure for judges of the senior courts
For Justices of the Supreme Court, the Constitutional Reform Act 2005 provides security of tenure
The Queen can only dismiss Judges after a vote by both Houses of Parliament |
Not because of the Government |
|
Examples of where constitutional conventions limit powers of the Government |
Individual Ministerial and Collective Cabinet conventions enable Parliament to hold people to account without legal accountability |
Laws do not hold the Government accountable |
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Examples of when constitutional conventions limit unelected powers |
The monarch will always give Royal Assent to a bill if so advised by the Prime Minister. The monarch must appoint the House of Commons' chosen person as Prime Minister. Salisbury Convention: The House of Lords will not reject manifesto legislation |
House of Commons takes precedence |
|
British Bill of Rights |
Conservative Party 2014 paper "Protecting Human Rights in the UK" that proposes repeal of the Human Rights Act 1998 and to write the text of the European Convention on Human Rights ECHR into a British Bill of Rights and Responsibilities. British courts would then not need to take into account judgments of the European Court of Human Rights ECtHR |
British courts prevail over ECtHR |
|
Sources of the UK Constitution |
Legal: Statutes, case law, Royal Prerogative Non-legal: Constitutional conventions |
Legal and non-legal |
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Sources of the UK Constitution |
Legal: Statutes, case law, Royal Prerogative Non-legal: Constitutional conventions
Jackson v. Attorney-General [2005] UKHL 56 Lord Hope: The rule of law enforced by the courts is "the ultimate controlling factor on which our constitution is based" |
Legal and non-legal |
|
Sources of the UK Constitution |
Legal: Statutes, case law, Royal Prerogative Non-legal: Constitutional conventions
Jackson v. Attorney-General [2005] UKHL 56 Lord Hope: The rule of law enforced by the courts is "the ultimate controlling factor on which our constitution is based" |
Legal and non-legal |
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Dicey: An Introduction to the Study of the Law of the Constitution 1885 |
1. No punishment without breach of law 2. No man above the law 3. Courts are the protectors of individual liberty |
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Lord Bingham's eight sub-rules |
1. The law must be accessible, intelligible, clear and predictable 2. Rights and liability should be resolved by the application of law (not discretion) 3. Equal application unless justified differentiation 4. Adequate human rights protection 5. Resolve civil disputes fast at reasonable cost 6. Ministers and public officers shall act reasonably, in good faith and within their powers 7. Adjudicative state procedures should be fair 8. The state must comply with its obligations in international law |
All bound and entitled by laws administered by courts |
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Lord Bingham's eight sub-rules (the main rule is in the hint) |
1. The law must be accessible, intelligible, clear and predictable 2. Rights and liability should be resolved by the application of law (not discretion) 3. Equal application unless justified differentiation 4. Adequate human rights protection 5. Resolve civil disputes fast at reasonable cost 6. Ministers and public officers shall act reasonably, in good faith and within their powers 7. Adjudicative state procedures should be fair 8. The state must comply with its obligations in international law |
All bound and entitled by laws administered by courts |
|
Lord Bingham's eight sub-rules (the main rule is in the hint) |
1. The law must be accessible, intelligible, clear and predictable 2. Rights and liability should be resolved by the application of law (not discretion) 3. Equal application unless justified differentiation 4. Adequate human rights protection 5. Resolve civil disputes fast at reasonable cost 6. Ministers and public officers shall act reasonably, in good faith and within their powers 7. Adjudicative state procedures should be fair 8. The state must comply with its obligations in international law |
All bound and entitled by laws administered by courts |
|
United States constitution |
Executive branch - President, Vice President and President's Cabinet. Cannot declare war but is head of army. Nominates judges to Supreme Court Legislative - Congress consists of the Senate and House of Representatives, all elected pro rata based on state populations. Congress decides on going to war, the Senate must ratify the President's nominations Judicial - Courts and particularly the Supreme Court, which plays a pivotal role in interpreting the constitution (e.g. Brown v. Board of Education 1954 which outlawed segregated education) |
President can veto, but Congress can override |
|
House of Commons Disqualification Act 1975 |
Section 1 disqualifies civil servants, police and army from Parliamentary office Section 2 limits the number of government Ministers in the House of Commons to 95 (note: USA has 0 except Vice President) |
Lord Hailsham described the UK system of government as "elective dictatorship" |
|
House of Commons Disqualification Act 1975 |
Section 1 disqualifies civil servants, police and army from Parliamentary office Section 2 limits the number of government Ministers in the House of Commons to 95 (note: USA has 0 ministers in congress, except the Vice President) |
Lord Hailsham described the UK system of government as "elective dictatorship" |
|
Lord Hailsham's UK "elective dictatorship" |
1. "First past the post" usually results in most MPs being from one party 2. That gives the Government built-in majority 3. The Government has significant control of the Parliaments timetable 4. Most bills are introduced by government Ministers 5. Like Henry VIII 1539, the Government can amend or repeal legislation 6. The constitutional convention that major House of Commons defeats of the Government cause elections causes MPs to support their Government 7. Government whips pressurise MPs to vote right 8. Subordinate legislation is made by government Ministers |
8 methods of Government control |
|
The JUSTICE.org.uk's definition of the Rule of Law (after Dicey, after Lord Bingham) |
Like Lord Bingham, adding: 1. No one deprived of equal right to justice due to [financial] disadvantage 2. Parliament should have greater powers to scrutinise legislation, Ministers and the Royal Prerogative 3. More EU shall be combined with more protection for individual rights |
Three distinguishing traits from the seven themes set out by the judiciary's charity |
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Parliamentary scrutiny of the Executive |
Oral and written questions - PMQ Prime Minister's Questions each Wednesday, and every day by MPs to Ministers
Debates - "standing orders" for the official Opposition and matters which need urgent consideration
Committees - general for bills and select for administrative review
The Queen's advisory Parliamentary Commissioner for Administration PCA (ombudsman) |
MPs may reject government bills. What else? |
|
Examples of Ministers not speaking out in public against government policy |
Robin Cook and Clare Short resigned 2003 to voice in public their opposition to the war in Iraq
Baroness Warsi resigned 2014 in protest at government policy on Gaza |
Disagree about Middle East - resign then criticise |
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Judicial independence from the executive - appointment |
The executive does not control the Judicial Appointments Commission |
Politically impartial |
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Judicial independence from the executive - appointment |
The executive does not control the Judicial Appointments Commission |
Politically impartial |
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Judicial independence from the executive - salary |
The independent Senior Salaries Review Board pays judges from the Consolidated Fund |
No annual approval |
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Judicial independence from the executive - contempt of court |
Common law and the Contempt of Court Act 1981 ensure there is no outside interference with the administration of justice |
Common law and statutory protection |
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Judicial independence from the executive - immunity from civil action |
Judges, especially in the higher courts, have wide-ranging immunity from claims in tort in respect of their judicial actions |
Unsuccessful litigants cannot sue a judge for making an error when carrying out his duties |
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Judicial independence from the executive - constitutional conventions |
Members of the executive do not criticise judicial decisions, and members of the judiciary do not engage in party political activity |
Executive - Judiciary respect |
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Judicial independence from the executive - 'sub-judice' rule |
Parliament including its government Ministers refrain from discussing matters currently being heard or waiting to be heard |
Parliament avoids prejudicing judicial work |
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Constitutional Reform Act 2005 - three main changes |
1. Lord Chief Justice role created to be head of the judiciary instead of the Lord Chancellor
2. Judicial Appointments Committee JAC created to ensure judges in England and Wales are appointed based on merit and not politics (similar committees for Scotland and NI)
3. Supreme Court created to replace the Judicial Committee of the House of Lords |
Who trains, guides and deploys judges?
Who advices about their appointment?
What is the top judicial organisation? |
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Constitutional Reform Act 2005 - how judges are appointed |
The Queen appoints Supreme Court judges based on advice from the Prime Minister.
The Lord Chancellor recommends candidates to the Prime Minister based on a 'selection commission' consisting of the President of the Supreme Court and his chosen senior UK judge, and one member each from the three judicial appointments bodies |
Primary responsibility for selecting candidates placed on independent bodies |
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Extent of the Royal Prerogative |
The extent of the powers exercised by the Government on the monarch's behalf that have not been removed by Parliament are decided by the judiciary.
Such powers cannot be created or extended according to the Case of Proclamations (1611) 12 Co Rep 74, where the King made emergency proclamations to build houses |
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Challenge of the legality of joining the EU |
In Blackburn v Attorney General, the court held that the Government had prerogative powers to sign the Treaty of Rome (now TFEU) |
The exercise of prerogative powers is immune from judicial review |
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Six non-justiciable prerogative powers |
Lord Roskill identified these:
1. Making international treaties 2. Control of the armed forces 3. Defence of the realm 4. Dissolution of Parliament (Fixed-term Parliaments Act 2011 removes this from being prerogative) 5. Prerogative of mercy 6. Public honour grants |
Courts have reviewed the exercise of prerogative powers in some later cases, such as the Bentley mercy 1993 |
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Four ways the legislature and judiciary are kept apart |
1. House of Commons (Disqualification) Act 1975 prevents holders of judicial office from House of Commons membership 2. Conventions that Members of Parliament will not criticise a particular judge, and that members of judiciary will not be politically active 3. 'Sub-judice' rule under which Parliament refrains from discussing details of cases before judgement 4. Bill of Rights 1689 art 9 which gives 'Parliamentary Priviledge' to enjoy immunity while making statements within Parliament |
Judges cannot serve in the House of Commons and then criticise a fellow judge while discussing a due case - despite immunity |
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ECHR Article 6 impact on the executive performing judicial functions |
The right to a fair trial impact was shown in the Anderson case through the removal of the Home Secretary's power to determine the length of tariff for prisoners given a life sentence |
Compulsory purchase orders are not like changing prisoner sentence lengths |
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Example of statutes taking precedence over common law |
In Burmah Oil v. Lord Advocate [1965] AC 75, the House of Lords awarded WW2 compensation. Parliament overruled by enacting the War Damage Act 1965 and provided that compensation was not payable |
Statute prevents flood of similar claims |
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Source of UK constitution - statutes |
Bill of rights 1689, European Communities Act 1972 |
Control budget, control judiciary |
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Sources of UK constitution - case law |
Entick v. Carrington 1762 The great end, for which men entered into society, was to secure their property. |
The state may do nothing but what is expressly authorised by law |
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Source of UK constitution - conventions |
Ministerial responsibility |
Get into government and run riot |
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Sources of UK constitution - law and custom |
Hansard (1776-1833) printed parliamentary transcripts |
David Copperfield |
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Sources of UK constitution - authoritative works |
Dicey - An introduction to the study of the Law of the Constitution |
50-year-old Oxford professor's uncodified book from 1885 |
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How to change constitutional statutes |
Repeal or amendment by Parliament, or judicial interpretation |
Change your mind supremely |
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How to change UK Constitution case law |
Reverse rulings by higher court or overrule by statute |
New case law |
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How to change UK Constitution conventions |
Adapt informally through practice or overrule with legislation |
Gently or firmly |
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Four main features of US Constitution |
Written Rigid Republican Federal |
Stone faced president reads riot act to Feds |
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What prevents the Prime Minister from arresting the leader of the opposition? |
The rule of law requires supremacy of regular law and prevents arbitrary power being exercised |
Right to know whether you are acting within your rights |
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What prevents Parliament from suspending rights to check its actions? |
The rule of law sets out that the judiciary can control the government's actions through judicial review |
Circular argument |
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What prevents retroactive legislation? |
The rule of law requires that law does not operate retrospectively |
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What prevents retroactive legislation? |
The rule of law requires that law does not operate retrospectively |
You should have told me! |
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Four grounds for judicial review |
Civil Service Unions v. Minister for the Civil Service [1985] - Lord Diplock said:
Substantive (illegal or irrational) Procedural Legitimate expectation |
Unlawful madmen are substantive |
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Which court hears applications for judicial review? |
The Administrative Court - it usually hears cases with a single Judge sitting in open Court |
The Royal Courts of Justice |
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Orders sought through judicial review |
Prerogative (quashing, prohibiting or mandatory orders)
Non-prerogative declarations and injunctions are usually made available as private law remedies |
Procedural exclusivity requires that public law cases should normally be heard through judicial review |
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How should public law cases be heard? |
Procedural exclusivity requires that public law cases should normally be heard through judicial review |
Not ordinary private law procedures |
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Legitimate expectation example of when judicial review may be appropriate |
O'Reilly v. Mackman, where four prisoners wanted their usual and Lord Diplock said judicial review would be right based on public law grounds |
The House of Lords said it would be an abuse of process of court to enforce public law rights through ordinary action |
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Collaterally arisen public law issues |
As defence, the invalidity of a public law decision may be raised either in private law proceedings or through judicial review - collaterally |
Pay rent!
No, you're acting ultra vires! |
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ECHR Article 1 Rome, 1950 |
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention. |
Obligation to respect Human Rights |
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ECHR Article 2 |
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life is acceptable when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. |
Right to life |
|
ECHR Article 3 |
No one shall be subjected to torture or to inhuman or degrading treatment or punishment. |
Prohibition of torture |
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ECHR Article 4 |
1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labour. 3. For the purpose of this Article the term “forced or compulsory labour” shall not include: (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; (b) any service of a military character or, in case ofconscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; (c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community; (d) any work or service which forms part of normal civic obligations. |
Prohibition of slavery and forced labour |
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ECHR Article 5 |
1. Everyone has the right to liberty and security of person. Noone shall be deprived of liberty except by law: (a) detention after conviction; (b) arrest / detention for noncompliance with lawful order (c) arrest / detention to bring him before an authority on reasonable suspicion of having committed, intending to commit or fleeing after committing; (d) detention of a minor for educational supervision or to bring him an authority; (e) detention to prevent infectious diseases, detention of persons of unsound mind, alcoholics or drug addicts or vagrants; (f) detention to prevent unauthorised entry into the country or to deport or extradite. 2. Arrestees shall be informed promptly of the reasons and charges. 3. Arrestees / detainees shall be brought promptly before a judge or other officer and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 4. Arrestees and detainees shall be entitled to challenge the detention, be heard speedily by a court, and released if the detention is not lawful. 5. Arrestees and detainees shall have an enforceable right to compensation if infringed upon. |
Right to liberty and security |
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ECHR Article 6 |
1. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Judgment shall be public but the press and public may be excluded from the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary where publicity may cause prejudice. 2. Innocent until proved guilty. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly of the accusation against him; (b) to have adequate time to prepare; (c) to defend in person or through own assistance (free when justice so requires); (d) to examine witnesses and use own witnesses; (e) to have free interpretation. |
Right to a fair trial |
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ECHR Article 7 |
1. No one is guilty of any criminal offence that was not criminal when committed. The penalty shall not be heavier than when the criminal offence was committed. 2. This Article shall not prejudice trial and punishment for any act or omission which was criminal according to the general principles of law recognised by civilised nations. |
No punishment without law |
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ECHR Article 8 |
1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. |
Right to respect for private and family life |
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ECHR Article 9 |
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. |
Freedom of thought, conscience and religion |
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ECHR Article 10 |
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. |
Freedom of expression |
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ECHR Article 11 |
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. |
Freedom of assembly and association |
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ECHR Article 12 |
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. |
Right to marry |
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ECHR Article 13 |
Everyone whose rights and freedoms in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. |
Right to an effective remedy |
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ECHR Article 14 |
The enjoyment of the rights and freedoms in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. |
Prohibition of discrimination |
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ECHR Article 15 |
1. In time of war or other public emergency any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation. 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed. |
Derogation in time of emergency |
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ECHR Article 16 |
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. |
Restrictions on political activity of aliens |
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ECHR Article 17 |
Nothing in this Convention may be interpreted as implying any right to destroy or limit any ECHR rights. |
Prohibition of abuse of rights |
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ECHR Article 18 |
The permitted restrictions to rights shall not be applied for any purpose other than those for which they have been prescribed. |
Limitation on use of restrictions of rights |
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ECHR Protocol Article 1 Paris, 1952 |
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. |
Protection of property |
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ECHR Protocol Article 2 |
No person shall be denied the right to education. The State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions. |
Right to education |
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ECHR Protocol Article 3 |
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. |
Right to free elections |