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4 Cards in this Set
- Front
- Back
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What is Wade's view on horizontal effect of convention rights?
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FULL HORIZONTAL EFFECT- courts must create brand new causes of action to allow individuals to enforce Convention rights against each other .
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What is Buxton's view on horizontal effect of convention rights?
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NO HORIZONTAL EFFECT: Convention rights are only drafted to prevent interference by public authorities so do not take horizontal effect at all under the Convention.
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What is Hunt's view on horizontal effect of convention rights?
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STRONG INDIRECT HORIZONTAL EFFECT: courts are not obliged to create new causes of action, but must apply Convention rights between private individuals in any dispute which is already under-way.
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What is Phillipson's view on horizontal effect of convention rights?
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WEAK INDIRECT HORIZONTAL EFFECT: ourts are not obliged to apply Convention rights during existing disputes, but must take account of Convention values when developing the common law.
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