The European Convention On Human Rights Essay

The European Convention On Human Rights Essay

Length: 2069 words (5.9 double-spaced pages)

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Introduction
"Judicial review allows people with sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of a decision, action or failure to act in relation to the exercise of a public function" . Judicial Review may only be utilized once all other possibilities have been exhausted within the domestic legal system at common law. This article will discuss standing, grounds of judicial review and remedies for judicial review in regards to Scottish Lawyers Against Division 's (SLAD) situation.

European Convention on Human Rights
The European Convention on Human Rights is used as a tool to ensure that human rights issues are interpreted in domestic law. The Convention is able to interject when a decision is under review and the decision maker has stated that the convention rights were considered when creating the decision. The court is able to examine the actualization of such an argument and do so with the view to give the applicant an effective remedy in their situation . The human rights element is brought into judicial review if an issue of rights is concerned as the courts ensure that legislative act or provision of a public authority is compatible with Convention rights .

Standing

The old concept of standing was title and interest. In Judicial review actions could only be brought by a person who has a direct link to the decision that has been made . Scottish Old People 's Welfare Council Petitioners determines the concept of title and interest. Lord Clyde sets the standard for groups raising Judicial review. He stipulated that to raise an action of Judicial review one must establish a real interest and that an academic interest was not enough. In the aforementioned case, Age ...


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...educed to a nullity, and restores the petitioner to the position they were in prior to the decision which was made. This can also mean that the decision might begin a fresh in obtaining its aim.

Conclusion
To conclude, it is apparent that there is a case for the SLAD. For their case to be successful their members would have to establish "sufficient interest" and be able to successfully argue at least one of Lord Diplock 's three criteria 's for Judicial review. The SLAD can clearly shown there has been an infringement on their rights. If they are successful in there challenge they would be seeking to have the decision nullified. There is indeed a public interest in the case as the council have infringed upon many members of the community 's convention rights. It is clear that the challenge of judicial review is within the public interest as it affects the public.

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