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Additional resources for ACCA - F4 Corporate and Business Law (ENG): Study Text
Sample text
Decision: The court was unable to interpret the act to allow the transsexual to be considered female. It did however issue a declaration of incompatibility. 3 Impact on the common law We have seen above that UK courts must take into account the judgements and decisions of the ECHR when interpreting UK law, however section 2 of the HRA goes further and requires UK courts to take into account the case law of the European Court of Justice when making judgements. To some extent this affects the doctrine of precedent as it permits the overruling of English law where it conflicts with the ECHR.
Decision: The court was unable to interpret the act to allow the transsexual to be considered female. It did however issue a declaration of incompatibility. 3 Impact on the common law We have seen above that UK courts must take into account the judgements and decisions of the ECHR when interpreting UK law, however section 2 of the HRA goes further and requires UK courts to take into account the case law of the European Court of Justice when making judgements. To some extent this affects the doctrine of precedent as it permits the overruling of English law where it conflicts with the ECHR.
The impact of the Act continues to be tested in the courts. For example, what is meant by the right of 'respect for private and family life' or the 'right to a fair trial'. In addition, the question of conflict between the right to respect for private and family life and the right of 'freedom of expression' has been pointed out by many commentators. Part A Essential elements of the legal system ~ 3: Human rights 41 NHS Trust A v M 2001 The facts: A hospital trust wanted to withdraw artificial nutrition and hydration from a patient in a permanent vegetative state.
