Hudoc Grand Chamber – No violation of Art. 10; No violation of Art. 11; No violation of Art. 14+10; No violation of Art. 14+11 Reports of Judgments and Decisions 1999-III
The level of precision required of domestic legislation depends to a considerable degree on the content of the instrument in question, the field it is designed to cover and the number and status of those to whom it is addressed: ‘whilst certainty is highly desirable, it may bring in its train excessive rigidity and the law must be able to keep pace with changing circumstances. Accordingly, many laws are inevitably couched in terms which, to a greater or lesser extent, are vague and whose interpretation and application are questions of practice.’
Lawfulness ‘implies qualitative requirements in the domestic law such as foreseeability and, generally, an absence of arbitrariness’.
Citations:
[1999] ECHR 31, 25390/94
Links:
Worldlii, Bailii, Bailii, Bailii
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – Hashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .
Cited – Beghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Crime
Updated: 04 June 2022; Ref: scu.165713