10
votes
Accepted
Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?
Yes, this has come before the Court.
Some prominent examples are -
Mathieu-Mohin and Clerfayt v Belgium (1987), the first time Article 3 was before the European Court of Human Rights, on the complex ...
- 116
9
votes
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
germany
The Bundesverfassungsgericht can strike down laws if they are against the constitution. Laws are generally passed with a simple majority (sometimes just of the federal legislature, sometimes ...
- 19.3k
7
votes
Accepted
What legal system does the European Union use?
I was curious as to what legal system the EU uses? I have seen
Articles which give me the feeling of a Civil Legal System, but I have
also found case law (I think this is EU case law?) being quoted.
...
- 231k
7
votes
Accepted
Can you seek asylum for not wanting to do your mandatory military service in your home country?
In Europe (as defined above) it does not appear that any country allows an asylum claim based solely on the fact of being subject to obligatory military service. However, asylum claims can be made ...
- 216k
6
votes
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
australia
What “fundamental rights”?
The courts can strike down any law that violates the Constitution, however, apart from the free exercise of religion, the Australian Constitution contains no ...
- 219k
5
votes
Accepted
Do all legal persons have human rights?
canada
It depends on the right. See Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32:
To claim protection under the Charter, a corporation ⸺ indeed, any claimant ⸺ must establish that &...
- 66.6k
4
votes
Accepted
Can one disclaim or renounce a British peerage after holding it for a year?
There is currently no means for the Earl to disclaim his title, if it has been longer than the permitted period since he inherited it. He also could not do so if he was the first holder, since the ...
- 401
3
votes
Accepted
Could cases regarding violations of the ECHR be heard before UK courts prior to the Human Rights Act 1998?
Before the Human Rights Act 1998, you could not complain on European Convention on Human Rights grounds to domestic courts.
The UK as a state was signatory to and therefore bound by the Convention. ...
- 18.2k
3
votes
Double Jeopardy when received a police caution?
Double jeopardy doesn’t apply to different Sovereigns
The laws of one state do not bind another- so, as in your example, if the UK declines to prosecute or even if they do and you serve 20 years, any ...
- 219k
3
votes
Double Jeopardy when received a police caution?
canada
The constitutional protection against double jeopardy is found at s. 11(h) of the Charter:
Any person charged with an offence has the right... if finally acquitted of the offence, not to be ...
- 66.6k
3
votes
Is there a "human right" concerning the state and forcing citizens to enter contract?
If you read 20.2 in the context of 20.1, "association" means e.g. trade unions.
EU societies widely accept the right of the state to force e.g. motorists to buy insurance from one of a few ...
- 19.3k
3
votes
Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?
There's a lot that could be discussed here because your question effectively asks about the widely discussed and disputed relationship of European nations and the sovereignty they may or may not have ...
- 4,951
2
votes
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
canada
To the extent that a fundamental right has been constitutionalized, courts can render laws that unjustifiably infringe that right to be of no force or effect.
In interpreting a law alongside ...
- 66.6k
2
votes
Accepted
What effect would leaving the ECHR have on the cases it was used in?
Notes: I'm using ECHR for the European Convention on Human Rights, and ECtHR for the European Court of Human Rights, which adjudicates said Convention. Also, I assume the UK Human Rights Act 1998 (HRA)...
- 4,951
2
votes
What effect would leaving the ECHR have on the cases it was used in?
Leaving would have no effect on finalised cases
There is an analogy here when Australia left the jurisdiction of the Privy Council leaving the High Court of Australia as the highest court from which ...
- 219k
1
vote
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
france
In France, and I suspect elsewhere in the European Union, fundamental rights are guaranteed by the Constitution (and other constitution-like texts) on one hand, and by the European Union ...
- 812
1
vote
Accepted
What are the “protocols” to the ECHR?
The protocols are listed and linked in this pdf. It also explains:
Over the last 50 years additional protocols have been repealed, integrated into the Convention or replaced, and today, the text of ...
- 66.6k
1
vote
Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?
This is really an addition to DPenner1's excellent answer but dealing specifically with the question of the supremacy of EU law.
Supremacy of EU Law and the CJEU
The key to understanding the overall ...
- 1,595
1
vote
Accepted
Does the European Convention on Human Rights protect from infringements arising as a result of exercising rights in conjunction?
In MODINOS v. CYPRUS it was held that the mere existence of a law on the books criminalizing male homosexual conduct was a violation of article 8 of the European Convention on Human Rights (ECHR) and ...
- 114k
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