| Inquests and the “detachable” article 2 obligation: In Re McCaughey, Judicial Review, 2011, 16(3), 290-296
Inquests and the “detachable” article 2 obligation: In Re McCaughey, Judicial Review, 2011, 16(3), 290-296
Discusses the Supreme Court judgment in Re McCaughey's Application for Judicial Review [2011] UKSC 20 on whether the House of Lords decision in Re McKerr's Application for Judicial Review [2004] UKHL 12, ruling that an inquest into deaths occurring before the Human Rights Act 1998 entered into force need not meet the procedural requirements of the European Convention on Human Rights 1950 art.2, should be overruled as a consequence of the European Court of Human Rights ruling in Silih v Slovenia (71463/01) (2009) 49 E.H.R.R. 37 (ECHR) that, in certain circumstances, art.2 imposed freestanding procedural obligations. |
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Can Yeginsu
Lucy Colter
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01/12/2011 |
| Smith (Oxfordshire Coroner) in the Supreme Court, Judicial Review, 2010, 15(4), 356-365
Smith (Oxfordshire Coroner) in the Supreme Court, Judicial Review, 2010, 15(4), 356-365
Comments on the Supreme Court judgment in R. (on the application of Smith) v Oxfordshire Assistant Deputy Coroner [2010] UKSC 29 on whether British service personnel serving overseas remained within the UK's jurisdiction for the purpose of determining if they retained the rights conferred by the European Convention on Human Rights 1950. Considers whether the death of a soldier should have been made subject to an inquest satisfying the procedural and investigative standards implicitly required by art.2 of the Convention. |
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Can Yeginsu
Lucy Colter
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01/12/2010 |