Gdl Public Law

Front 1

Executive branch

Back 1

Queen, prime minister and other government ministers, civil service, police and army

Hint 1

Queen

Front 2

Legislative branch

Back 2

Queen, House of Lords, House of Commons

Hint 2

Queen

Front 3

Judicial branch

Back 3

Queen, legally qualified judges, magistrates (non-legally qualified criminal judges)

Hint 3

Queen

Front 4

Magna Carta 1215

Back 4

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

Hint 4

King John's feudal lords

Front 5

Bill of Rights 1689

Back 5

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

Hint 5

Regularly meeting elected parliament

Front 6

Act of Settlement 1701

Back 6

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.

Hint 6

Succession to the Crown Act 2013 removes bars for Catholics and women - needs approval by all 15 Commonwealth countries

Front 7

Acts of Union 1706-1707

Back 7

United England and Scotland under a single Parliament of Great Britain. Preserved separate Scottish church and legal systems

Hint 7

Great Britain

Front 8

Parliaments Acts 1911 and 1949

Back 8

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

Front 9

Magna Carta 1215

Back 9

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

Hint 9

King John's feudal lords

Front 10

Bill of Rights 1689

Back 10

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

Hint 10

Regularly meeting elected parliament

Front 11

Act of Settlement 1701

Back 11

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.

Hint 11

Succession to the Crown Act 2013 removes bars for Catholics and women - needs approval by all 15 Commonwealth countries

Front 12

Acts of Union 1706-1707

Back 12

United England and Scotland under a single Parliament of Great Britain. Preserved separate Scottish church and legal systems

Hint 12

Great Britain

Front 13

Parliaments Acts 1911 and 1949

Back 13

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

Front 14

European Communities Act 1972

Back 14

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

Hint 14

TFEU

Front 15

Police and Criminal Evidence Act 1984

Back 15

Civil liberties act that provides police arrest-search-detain rights and procedural safeguards

Hint 15

Abusive police powers under control

Front 16

Public Order Act 1986

Back 16

Civil liberties act that limits citizen rights to hold marches and meetings in public places

Hint 16

Stop IRA marches

Front 17

Human Rights Act 1998

Back 17

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

Hint 17

Human rights in the UK

Front 18

Acts of devolution (e.g. Scotland Act 1998)

Back 18

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

Hint 18

Scottish Parliament

Front 19

Constitutional Reform Act 2005

Back 19

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.

Hint 19

Supreme Court

Front 20

Habeas corpus and individual liberty

Back 20

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

Hint 20

Belmarsh ECHR

Front 21

Habeas corpus and individual liberty

Back 21

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

Hint 21

Belmarsh ECHR

Front 22

Judicial review

Back 22

The role played by the High Court in ensuring that the Government and other public bodies act within powers set by Parliament

Hint 22

Courts do not review the constitutionality of legislation

Front 23

Royal Prerogative

Back 23

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

Hint 23

Prerogative powers derive from the common law and are exercised in the name of the monarch

Front 24

Royal Prerogative

Back 24

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

Hint 24

Prerogative powers derive from the common law and are exercised in the name of the monarch

Front 25

Constitutional convention

Back 25

Informal rules that are considered to be binding

Hint 25

Marshall and Moodie said they are binding but not enforced by law courts

Front 26

Royal Assent convention

Back 26

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

Hint 26

She does every time

Front 27

Cabinet Manual 2010

Back 27

Sets out constitutional conventions in a non-binding manner

Hint 27

Written guidance to ministers and officials

Front 28

Judicial independence from the executive - tenure

Back 28

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

Hint 28

Not because of the Government

Front 29

Examples of where constitutional conventions limit powers of the Government

Back 29

Individual Ministerial and Collective Cabinet conventions enable Parliament to hold people to account without legal accountability

Hint 29

Laws do not hold the Government accountable

Front 30

Examples of when constitutional conventions limit unelected powers

Back 30

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

Hint 30

House of Commons takes precedence

Front 31

British Bill of Rights

Back 31

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

Hint 31

British courts prevail over ECtHR

Front 32

Sources of the UK Constitution

Back 32

Legal: Statutes, case law, Royal Prerogative

Non-legal: Constitutional conventions

Hint 32

Legal and non-legal

Front 33

Sources of the UK Constitution

Back 33

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"

Hint 33

Legal and non-legal

Front 34

Sources of the UK Constitution

Back 34

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"

Hint 34

Legal and non-legal

Front 35

Dicey: An Introduction to the Study of the Law of the Constitution 1885

Back 35

1. No punishment without breach of law

2. No man above the law

3. Courts are the protectors of individual liberty

Front 36

Lord Bingham's eight sub-rules

Back 36

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

Hint 36

All bound and entitled by laws administered by courts

Front 37

Lord Bingham's eight sub-rules

(the main rule is in the hint)

Back 37

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

Hint 37

All bound and entitled by laws administered by courts

Front 38

Lord Bingham's eight sub-rules

(the main rule is in the hint)

Back 38

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

Hint 38

All bound and entitled by laws administered by courts

Front 39

United States constitution

Back 39

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)

Hint 39

President can veto, but Congress can override

Front 40

House of Commons Disqualification Act 1975

Back 40

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)

Hint 40

Lord Hailsham described the UK system of government as "elective dictatorship"

Front 41

House of Commons Disqualification Act 1975

Back 41

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)

Hint 41

Lord Hailsham described the UK system of government as "elective dictatorship"

Front 42

Lord Hailsham's UK "elective dictatorship"

Back 42

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

Hint 42

8 methods of Government control

Front 43

The JUSTICE.org.uk's definition of the Rule of Law (after Dicey, after Lord Bingham)

Back 43

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

Hint 43

Three distinguishing traits from the seven themes set out by the judiciary's charity

Front 44

Parliamentary scrutiny of the Executive

Back 44

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)

Hint 44

MPs may reject government bills. What else?

Front 45

Examples of Ministers not speaking out in public against government policy

Back 45

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

Hint 45

Disagree about Middle East - resign then criticise

Front 46

Judicial independence from the executive - appointment

Back 46

The executive does not control the Judicial Appointments Commission

Hint 46

Politically impartial

Front 47

Judicial independence from the executive - appointment

Back 47

The executive does not control the Judicial Appointments Commission

Hint 47

Politically impartial

Front 48

Judicial independence from the executive - salary

Back 48

The independent Senior Salaries Review Board pays judges from the Consolidated Fund

Hint 48

No annual approval

Front 49

Judicial independence from the executive - contempt of court

Back 49

Common law and the Contempt of Court Act 1981 ensure there is no outside interference with the administration of justice

Hint 49

Common law and statutory protection

Front 50

Judicial independence from the executive - immunity from civil action

Back 50

Judges, especially in the higher courts, have wide-ranging immunity from claims in tort in respect of their judicial actions

Hint 50

Unsuccessful litigants cannot sue a judge for making an error when carrying out his duties

Front 51

Judicial independence from the executive - constitutional conventions

Back 51

Members of the executive do not criticise judicial decisions, and members of the judiciary do not engage in party political activity

Hint 51

Executive - Judiciary respect

Front 52

Judicial independence from the executive - 'sub-judice' rule

Back 52

Parliament including its government Ministers refrain from discussing matters currently being heard or waiting to be heard

Hint 52

Parliament avoids prejudicing judicial work

Front 53

Constitutional Reform Act 2005 - three main changes

Back 53

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

Hint 53

Who trains, guides and deploys judges?

Who advices about their appointment?

What is the top judicial organisation?

Front 54

Constitutional Reform Act 2005 - how judges are appointed

Back 54

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

Hint 54

Primary responsibility for selecting candidates placed on independent bodies

Front 55

Extent of the Royal Prerogative

Back 55

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

Front 56

Challenge of the legality of joining the EU

Back 56

In Blackburn v Attorney General, the court held that the Government had prerogative powers to sign the Treaty of Rome (now TFEU)

Hint 56

The exercise of prerogative powers is immune from judicial review

Front 57

Six non-justiciable prerogative powers

Back 57

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

Hint 57

Courts have reviewed the exercise of prerogative powers in some later cases, such as the Bentley mercy 1993

Front 58

Four ways the legislature and judiciary are kept apart

Back 58

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

Hint 58

Judges cannot serve in the House of Commons and then criticise a fellow judge while discussing a due case - despite immunity

Front 59

ECHR Article 6 impact on the executive performing judicial functions

Back 59

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

Hint 59

Compulsory purchase orders are not like changing prisoner sentence lengths

Front 60

Example of statutes taking precedence over common law

Back 60

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

Hint 60

Statute prevents flood of similar claims

Front 61

Source of UK constitution - statutes

Back 61

Bill of rights 1689, European Communities Act 1972

Hint 61

Control budget, control judiciary

Front 62

Sources of UK constitution - case law

Back 62

Entick v. Carrington 1762

The great end, for which men entered into society, was to secure their property.

Hint 62

The state may do nothing but what is expressly authorised by law

Front 63

Source of UK constitution - conventions

Back 63

Ministerial responsibility

Hint 63

Get into government and run riot

Front 64

Sources of UK constitution - law and custom

Back 64

Hansard (1776-1833) printed parliamentary transcripts

Hint 64

David Copperfield

Front 65

Sources of UK constitution - authoritative works

Back 65

Dicey - An introduction to the study of the Law of the Constitution

Hint 65

50-year-old Oxford professor's uncodified book from 1885

Front 66

How to change constitutional statutes

Back 66

Repeal or amendment by Parliament, or judicial interpretation

Hint 66

Change your mind supremely

Front 67

How to change UK Constitution case law

Back 67

Reverse rulings by higher court or overrule by statute

Hint 67

New case law

Front 68

How to change UK Constitution conventions

Back 68

Adapt informally through practice or overrule with legislation

Hint 68

Gently or firmly

Front 69

Four main features of US Constitution

Back 69

Written

Rigid

Republican

Federal

Hint 69

Stone faced president reads riot act to Feds

Front 70

What prevents the Prime Minister from arresting the leader of the opposition?

Back 70

The rule of law requires supremacy of regular law and prevents arbitrary power being exercised

Hint 70

Right to know whether you are acting within your rights

Front 71

What prevents Parliament from suspending rights to check its actions?

Back 71

The rule of law sets out that the judiciary can control the government's actions through judicial review

Hint 71

Circular argument

Front 72

What prevents retroactive legislation?

Back 72

The rule of law requires that law does not operate retrospectively

Front 73

What prevents retroactive legislation?

Back 73

The rule of law requires that law does not operate retrospectively

Hint 73

You should have told me!

Front 74

Four grounds for judicial review

Back 74

Civil Service Unions v. Minister for the Civil Service [1985] - Lord Diplock said:

Substantive (illegal or irrational)

Procedural

Legitimate expectation

Hint 74

Unlawful madmen are substantive

Front 75

Which court hears applications for judicial review?

Back 75

The Administrative Court - it usually hears cases with a single Judge sitting in open Court

Hint 75

The Royal Courts of Justice

Front 76

Orders sought through judicial review

Back 76

Prerogative (quashing, prohibiting or mandatory orders)

Non-prerogative declarations and injunctions are usually made available as private law remedies

Hint 76

Procedural exclusivity requires that public law cases should normally be heard through judicial review

Front 77

How should public law cases be heard?

Back 77

Procedural exclusivity requires that public law cases should normally be heard through judicial review

Hint 77

Not ordinary private law procedures

Front 78

Legitimate expectation example of when judicial review may be appropriate

Back 78

O'Reilly v. Mackman, where four prisoners wanted their usual and Lord Diplock said judicial review would be right based on public law grounds

Hint 78

The House of Lords said it would be an abuse of process of court to enforce public law rights through ordinary action

Front 79

Collaterally arisen public law issues

Back 79

As defence, the invalidity of a public law decision may be raised either in private law proceedings or through judicial review - collaterally

Hint 79

Pay rent!

No, you're acting ultra vires!

Front 80

ECHR Article 1

Rome, 1950

Back 80

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

Hint 80

Obligation to respect Human Rights

Front 81

ECHR Article 2

Back 81

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.

Hint 81

Right to life

Front 82

ECHR Article 3

Back 82

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Hint 82

Prohibition of torture

Front 83

ECHR Article 4

Back 83

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.

Hint 83

Prohibition of slavery and forced labour

Front 84

ECHR Article 5

Back 84

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.

Hint 84

Right to liberty and security

Front 85

ECHR Article 6

Back 85

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.

Hint 85

Right to a fair trial

Front 86

ECHR Article 7

Back 86

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.

Hint 86

No punishment without law

Front 87

ECHR Article 8

Back 87

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.

Hint 87

Right to respect for private and family life

Front 88

ECHR Article 9

Back 88

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.

Hint 88

Freedom of thought, conscience and religion

Front 89

ECHR Article 10

Back 89

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.

Hint 89

Freedom of expression

Front 90

ECHR Article 11

Back 90

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.

Hint 90

Freedom of assembly and association

Front 91

ECHR Article 12

Back 91

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.

Hint 91

Right to marry

Front 92

ECHR Article 13

Back 92

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.

Hint 92

Right to an effective remedy

Front 93

ECHR Article 14

Back 93

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.

Hint 93

Prohibition of discrimination

Front 94

ECHR Article 15

Back 94

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.

Hint 94

Derogation in time of emergency

Front 95

ECHR Article 16

Back 95

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.

Hint 95

Restrictions on political activity of aliens

Front 96

ECHR Article 17

Back 96

Nothing in this Convention may be interpreted as implying any right to destroy or limit any ECHR rights.

Hint 96

Prohibition of abuse of rights

Front 97

ECHR Article 18

Back 97

The permitted restrictions to rights shall not be applied for any purpose other than those for which they have been prescribed.

Hint 97

Limitation on use of restrictions of rights

Front 98

ECHR Protocol Article 1

Paris, 1952

Back 98

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.

Hint 98

Protection of property

Front 99

ECHR Protocol Article 2

Back 99

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.

Hint 99

Right to education

Front 100

ECHR Protocol Article 3

Back 100

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.

Hint 100

Right to free elections