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R v. Secretary of State for the Home Department, ex parte Brind and Others

England.  06 December 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether treaty becoming part of municipal law — Whether treaty provisions capable of being applied by the courts — Requirement that treaty be given effect by Parliament — European Convention on Human Rights, 1950 — Whether enforceable in English courts — Aid to interpretation of primary legislation — Presumption that Parliament does not intend to legislate contrary to treaty obligations — Legislation containing no ambiguity

Treaties — Application by municipal courts — Whether courts can give effect to treaty — Whether treaty must be implemented by Parliament — European Convention on Human Rights, 1950 Human rights — Freedom of expression — Broadcasting — Ban on broadcasting direct speech of representatives of organizations connected with terrorism — European Convention on Human Rights, 1950, Article 10 — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1991

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