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Unconventional?

10 December 2009 / David Lock
Issue: 7397 / Categories: Features , Public , Human rights
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David Lock examines Human Rights Act claims & the doctrine of precedent

Every law student learns how the theory of precedent works in practice. Statute law has supreme authority, but after that the House of Lords, or now the Supreme Court, binds the Court of Appeal; the Court of Appeal binds the High Court.

Precedent is ageless. It does not matter how long ago the Court of Appeal pronounced on a matter; no High Court judge can overturn that decision until it is distinguished by another Court of Appeal or overturned by the Supreme Court. But what happens if a lower court has to wrestle with a Human Rights Act 1998 point which has not been raised in previous cases?

Public bodies

The Human Rights Act 1998 (HRA 1998) s 6 provides that all public bodies are required to comply with the European Convention on Human Rights (the Convention). Judges are public bodies for these purposes. Hence judges are required by an Act of Parliament to produce judgments which comply with the Convention. If there

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NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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