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Lecture notes

Administrative Law and Human Rights. Notes

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These notes explore themes of Human Rights. During this module, we explored Articles 5, 6, 8, 9, 10, 11 and Article 2 protocole 1 of the ECHR in depth whilst also looking at legislation e.g. Contempt of Court Act and PACE. We reviewed the law in scenarios where different rights come into conflict. We learned about the balancing exercise and the proportionality test which need to be applied (looking closely at the cases of Bank Mellat, Campbell and Von Hannover). From unit 5, we move on to judicial review. We learned about the substansive grounds for review, it is followed with the doctrine of procedural fairness (which are elements of natural justice) and remedies. Finally, we briely looked at public order and the power the police has to avoid a breach of peace from occuring. The notes follow the structure which was given in class to succeed in the coursework and includes, where possible, copies of diagrams which were included in the summary of each unit (from the University of Law textbook)

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Unit 1. Introduction to Human Rights; Absolute Rights

UK signed the European Convention on Human Rights (ECHR) in 1951

 Right to life (Article 2 – absolute right)
o Duty on the state not only not to take life, but positively to
protect it (Osman v United Kingdom [1999])
o A positive obligation will only arise where the authorities knew or ought
to have known of the existence of a real and immediate risk to the life of
an identified individual from the criminal acts of a third party and they
then failed to take measures within the scope of their powers which,
judged reasonably, might have been expected to avoid that risk
(Tkhelidze v Gerogia [2021])
o No derogation is possible (except in respect of deaths resulting from lawful
acts of war)
o Article 2(2) – permits the use of force that results in the deprivation of
life if conditions are met (McCan v United Kingdom (1996) – places
procedural obligation on the state to investigate when individuals have
been killed as a result of force)
 Use of force must be no more than absolutely necessary
 Use of force must be in pursuit of either
 Force is used in defence of any person from unlawful violence
 Force is used to effect a lawful arrest or to prevent the escape
of a person lawfully detained
 Force is used in action lawfully taken for the purpose of
lawfully quelling a riot or insurrection
o Effective investigation (Da Silva v United Kingdom (2016))
 Necessary for the persons responsible for carrying out the
investigation to be independent from those implicated in the events
 Must be capable of leading to the establishment of the facts
(whether force used was justified in the circumstances)
 Nature and degree of scrutiny necessary depends on the
circumstances but would need to be stringent where death was at
the hands of a state agent
 Investigation must be accessible to the family
 There must be sufficient public scrutiny
 Must be carried out promptly
o Scope of the Article (exceptions)
 Does not protect embryos by preventing their destruction when one
party withdraws their consent to implantation (Embryos have no
independent right to life) (Evans v UK [2007])
 A foetus does not have an independent right to life (Re F (In
Utero) (Wardship) [1988])
 A person acting out of compassion to help a terminally ill patient
with a ‘clear, settled and informed wish to die’ is unlikely to be
prosecuted (Pretty v UK (2002))

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October 16, 2026
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