Question Under the (fictitious) Mental Health Act 2009, patients in mental hospitals are only allowed to take legal action against hospital employees if they first obtain leave of the court. At Happy Place Mental Hospital there is a disturbance in which Andy (a patient) is hit over the head with chair by Bob (a diabetic[…]
‘Some would argue that the margin of appreciation doctrine developed by the European Court of Human Rights reflects an unjustifiably deferential stance by that Court to State Parties. However, the reality is that the Court of Human Rights has adopted a consistently activist approach when interpreting the European Convention on Human Rights, extending the scope[…]
DEFINITIONS a) Morality Much has been written concerning the nature, purpose and content of morality in both the legal and philosophical disciplines1. While extensive disagreement persists, it is largely uncontroversial to accept that the purpose of morality is to guide human behaviour. Morality, in the most general and neutral sense, is a standard of behaviour,[…]
The past few years have seen much media attention paid to the so-called tension between decisions of the European Court of Human Rights and the laws of the United Kingdom. Included in this has been the debate, or dialogue, between the Supreme Court and the Strasbourg Court, over hearsay evidence, and the extent to which[…]