Hudoc The claimant complained of the interception of her telephone calls.
Held: The condition of legality relates to the characteristics of the legislation itself, and not just to its application in the case before the court.
The court discussed the role of case law in both civil law and common law systems.
‘The expression ‘in accordance with the law’, within the meaning of article 8.2, requires firstly that the impugned measure should have some basis in domestic law; it also refers to the quality of the law in question, requiring that it should be accessible to the person concerned, who must moreover be able to foresee its consequences for him, and compatible with the rule of law.’
[1990] ECHR 10, 11801/85, 7/1989/167/223, (1990) 12 EHRR 547
Worldlii, Bailii
Human Rights
Cited by:
Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Cited – Gallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 09 January 2022; Ref: scu.165067