Tag: Article 10 ECHR
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Autumn Ellis: Lawfulness of policies of public bodies and Freedom of Expression under Article 10 ECHR
The reaffirmation of the Gillick test by the Supreme Court Thirty five years after Gillick v West Norfolk and Wisbech AHA (Gillick) was decided, the Supreme Court took the opportunity, in R (A) v Secretary of State for the Home Department (A) and R (BF (Eritrea)) v Secretary of State for the Home Department(BF), (previously discussed in this blog here), to restate the boundaries of the test…
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Emmanouil Bougiakiotis: E.S. v Austria: Blasphemy Laws and the Double Standards of the European Court of Human Rights
This case concerns the criminal conviction of an Austrian national because of a number of comments she made about Muhammad during some seminars she held under the title “Basic Information on Islam”. In one of those seminars she referred to Muhammad’s marriage with Aisha, one of his wives, implying that the fact that the marriage…
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Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech
In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case…
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Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy
The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a…
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Richard Clayton: The Curious Case of Kennedy v Charity Commission
On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act…