Monckton Chambers

This Practice Note summarises the Article 8 Convention right. It considers the scope of the right and the four interests it protects. It looks at case law on when interferences with those interests are justified.

This Practice Note provides a toolkit for defending a human rights challenge. It identifies the type and scope of human rights under the European Convention on Human Rights (ECHR) and the Human Rights Act 1998, and considers the relevant duties and process under the UK legislation, with reference to key definitions, principles and defences.

This Practice Note considers the doctrines of judicial deference and the margin of appreciation in the context of human rights law. Judicial deference (the weight given to the views of Parliament and executive as to proportionality of the interference), and the margin of appreciation (the leeway enjoyed by States to evaluate local needs and conditions impacting on implementing human rights), assist in determining whether a decision on point in a case constitutes a proportionate interference with one or more Convention rights within the competence of the legislature or executive.

This Practice Note considers the law around whether the decisions in cases taken to Strasbourg are binding on the UK. It outlines how the Human Rights Act 1998 gives effect to Convention rights and the extent of the mirror principle.