Tag: Court

Critically examine the circumstances under which the United Nations Security Council can trigger the exercise of jurisdiction by the International Criminal Court.

Abstract Human rights and fundamental freedoms are an important element of international law and foreign policy. This has led to many interventionist measures being employed by various international bodies. The ability of the United Nations Security Council to trigger the exercise of jurisdiction by the International Criminal Court is an important measure, which seeks to …

In the “Laval Quartet” series of cases, the Court of Justice has struck the correct balance between protecting the right to collective action under EU law and protecting the rights of free movement of services and establishment. Critically assess.

Introduction The right to take collective action is a fundamental human right of a worker under European Union (EU) law. Individuals are thus provided with the right to take collective action in the event that there is a conflict of interest, including strike action.[1] This is provided for under Article 28 of the Charter of …

To what extent has the European Court of Human Rights (ECHR’s) case law recognised and protected the right not to be discriminated against on the ground of sexual orientation, in relation to marriage.

Abstract There has been much discussion as to whether the ECHR’s attempts to recognise and protect the right not to be discriminated against on the ground of sexual orientation have been successful. This is because, although the UK has in recent years made positive changes towards the equality of same-sex couples, discrimination is still prevalent …

‘In the light of the decision of the European Court of Human Rights in Gillan v United Kingdom on stop and search powers under the Terrorism Act 2000, the analogous powers of stop, question, search and detention in Sched. 7 of that Act are arguably also in breach of several Convention Rights.’

Introduction The police powers of stop and search are considered to be one of the most controversial police powers. They have been criticised in a variety of contexts and legislation, e.g. for their inefficiency to combat crime, and for their arbitrary application. The stop and search powers under s 44 of the Terrorism Act 2000 …