Oxford University (OX)

Comprehensive summary/essay plan on common law vs ECHR rights and the question of whether common law rights can offer the same degree as protection. This document covers distinctive features of the UK system, features of convention rights and the degree of scrutiny provided by both courts which can be used to structure an essay on this topic.

Comprehensive summary/exam notes on the principle of extraterritoriality in Human Rights Law. This document sets out a timeline of cases from the traditional view of jurisdiction in Bankovic v UK to its development in Al-Skeini v UK, Al-Saadoon, Georgia v Russia and Carter v Russia. It also includes in-depth analysis that can be used to structure an essay on this topic.

Comprehensive summary/exam notes on the margin of appreciation in Human Rights Law. This document covers the first conception of the margin of appreciation in Handyside v UK, and the different conceptions of the margin of appreciation set out by Letsas (structural and substantive).

Comprehensive summary/exam notes on the Article 6 ECHR right to a fair trial. This document covers the ECtHR and domestic court approach to balancing (and counter-balancing factors), the "proceedings as a whole" test, and secret evidence. It also contains in depth analysis that can be used to structure an essay on this topic.

Comprehensive break down of two key questions relating to Article 5 ECHR (right to liberty): Is the right to liberty a substantive or procedural right?; is the right to liberty a powerful right? In relation to the first question, the document outlines the approach taken in the Convention and case law, specifically looking at the case of Austin v UK in the ECtHR, and analyses whether the approach currently taken is desirable. In relation to the second question, the document looks at different a...

Comprehensive summary of the concept of supremacy in EU law. This document covers the relationship between supremacy and direct effect (specifically the 'primacy model' and 'trigger model' proposed by Dougan), the differences between the EU perspective and the national courts perspective on EU supremacy (key cases include Costa v ENEL, Internationale Handelsgesellschaft, Honeywell, Gauweiler and Ajos), and analyses whether the difference of understandings is problematic.

Comprehensive break down of the different viewpoints on the principle underpinning free movement of goods in EU law through all the key cases (Dassonville, Cassis de Dijon, Keck, Commission v Italy, Mickelsson and Roos). This document also includes lengthy analysis that can be used to structure an essay on this topic.

Comprehensive summary/exam notes on national procedural autonomy and state liability under EU law. This document sets out a timeline from an emphasis on national procedural autonomy (Rewe-Zentralfinanz and Comet) to the cases of Francovich, Factortame (No.1) and Kobler. This document also contains many analysis points that can be used in an essay.

Comprehensive summary/exam notes on liability of the EU which can be used to structure any problem question and contains analysis that can be used in an essay. This document covers both the Article 263 TFEU route and Article 265 TFEU route to holding the EU to account, setting out for each the rules on standing (privileged applicants, non-privileged applicants, direct concern, individual concern, and Article 263(4) TFEU reforms), the grounds for holding the EU to account, and the legal consequen...

Comprehensive summary/essay plan on horizontal direct effect of directives in EU Law. This document details the current legal position and a comparison between the horizontal direct effect and indirect and incidental direct effect, highlighting any differences or similarities in the outcomes. It will look at the complexity this may have created in the law and whether any such complexity is necessary.